04/28/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Jonathan Yohannan 2 Board of Appeals V-04-64 lot. The topography features establish where the ACEC is and that is what the client is seeking relief from. They would be willing to maintain the 50' buffer from the BVW if they can obtain relief and build within 25 feet of the ACEC. Mr. Sanicki also informs the i Board that on June 1 Oth they received approval from Conservation Commission. Marshall Brem makes a motion to grant the variance as requested. GENERAL FINDINGS 1. that the subject property is located at 304 Redbrook Road and contains 1.59 acres. 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 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. 8. that a new septic system would be an improvement to the property. i I: