02/24/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Leon Pinsonneault 2 Board of Appeals Owners: Phillip and Sandra Rothstein Morris Rothstein, Trustees of K&R Realty Trust V-04-50 single-family home on the subject property. The proposal requires Variances from the setback requirements to water and wetlands. The Conservation Commission has approved the project and issued an Order of Conditions. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority must determine that there are circumstances relating to the soil conditions, shape or topography which affect the subject property and not the district in which it is located; that a literal enforcement of the By-laws would involve substantial hardship to the Petitioner; that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. 1§ 74-33. Setback from water and wetlands. Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least fifty(50) feet from any water or wetland as defined by MGL C. 131, § 40. GENERAL FINDINGS 1. that the subject property is located at 7 Cranberry Avenue and contains .64 acres. SPECIFIC FINDINGS The Board determined that: l. the circumstances relating to the unusual shape and sloping topography affect the subject property and not the district in which it is located;therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the subject property is impacted by wetlands;therefore, without relief the property could not be used for a residence, the purpose for which it had been laid out and for which the balance of the undersized parcels in the subdivision were being used.