02/11/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Elizabeth Johnson 2 Board of Appeals V-04-17 VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. GENERAL FINDINGS 1. that the subject property is located at 14 High Sachem Road and contains 12,871 square feet. SPECIFIC FINDINGS The Board determined that: 1. the subject property is impacted by wetlands and the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. 2. without relief the lot could not be used for a residence, the purpose for which it had been laid out and for which the balance of the undersized lots in the subdivision were being used; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on February 11, 2004 to grant a Variance of 25 feet from the northerly sideline and a 28,229 square foot land space variance. The Variance is conditioned upon compliance with plans from William Snow, P.E., of Wareham, MA, Project No. 010804 dated January 8, 2004.