07/14/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Paul and Helen Zammito 2 Board of Appeals V-04-80 Robert Nelson seconds the motion. Mr. Regan votes in favor. Mr. Guerrera votes in favor. So moved. 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. GENERAL FINDINGS 1. that the subject property is located at 4 Spoondrift Circle and contains 21,200 square feet upon completion of combining lots 136 and 104B. SPECIFIC FINDINGS The Board determined that; 1. 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. 3. installation of a new septic system is an improvement to the subject property; therefore, relief may be granted without detriment to the public good. 4. the property 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 substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By- law.