02/11/2004 ZONING BOARD OF APPEALS Minutes

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W • Mashpee Zoning 2 Board of Appeals LaCava Family II, LLLC 320 Old Barnstable Road V-04-18 ■ 320 Old Barnstable Road (Map 59 Parcel 8; containing 27,600 square feet) shall be combined with 329 Old Barnstable Road (Map 59 Parcel 7; containing 38,257 square feet along with small parcel known as "331 Old Barnstable Road"; Map 66, parcel 106, containing 6,500 square feet) for one lot that will contain 65,857 square feet. The landspace variance for these lots together will be 14,143 square feet. Motion is seconded and all agree. GENERAL FINDINGS 1. that the subject lot is located at 320 Old Barnstable Road and contains 27,600 square feet. 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. SPECIFIC FINDINGS The Board determined that: 1. that there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent or purpose of the By-laws. 5. that the subject property is impacted by wetlands. 6. that the Board determined that 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. 7. that the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District.