10/27/2004 ZONING BOARD OF APPEALS Minutes

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Maslipee Zoning 2 Board of Appeals John O. Harris V-04-151 Marshall Brem moves to both overturn the building inspector's decision and grant a 63,800 square foot landspace variance to deem 97 James Circle buildable. GENERAL FINDINGS 1. that the subject lot is located at 97 James Circle and contains .37 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 The Board determined that: 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 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. 6. 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. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant 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 27, 2004 to grant a 63,800 square foot landspace variance and therefore deem this lot to be buildable.