09/08/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Willowbend Country Club, Inc. 2 Board of Appeals Robert and Syrul Lurie V-04-121 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 29 Shoestring Bay Road and contains 36,880 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 a 5.5 foot variance on the frontyard setback requirement. This variance is conditioned on plans from Horsely Witten Group, dated August 12, 2004,project no. 4065.