08/24/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Thomas and Evomme Fazio 2 Board of Appeals V-04-112 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 136 James Circle and contains 11,321 square feet. 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. 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 September 8, 2004 to grant an 11.4 foot variance for the deck and a 13.1 foot variance to the front building corner of the lot. The Variance is conditioned upon compliance with plans from Weller Associates of Centerville, MA,job no. 04-074, dated July 30, 2004, sheet CPP-1.