10/13/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Brian Kanter 2 Board of Appeals V-04-130 ✓ A 13 foot variance to the wetlands ✓ A 10 foot variance on the northerly sideline ✓ A 25-foot variance to Great River Road. 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. GENERAL FINDINGS 1. that the subject property is located at 36 and 40 Great River Road and contains 12,925 square feet. SPECIFIC FINDINGS The Board determined that: 1. the long, narrow, sloping topography and shape affect the subject lot 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 lot predates zoning. 3. to grant the Petitioner a Special Permit to allow for demolition of the existing, non-conforming dwelling; therefore,relief may be granted without derogating from the intent or purpose of the By-laws. 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 October 13, 2004 to grant the following: ✓ A 13 foot variance to the wetlands ✓ A 10 foot variance on the northerly sideline ✓ A 25-foot variance to Great River Road. The Variance is conditioned upon compliance with plans from Christopher Costa & Associates, Inc. of E. Falmouth, MA, dated June 15, 2004, revised August 12, 2004 and revised August 30, 2004 as prepared for Brian Kanter.