01/22/2003 ZONING BOARD OF APPEALS Decisions

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• 11 Mashpee Zoning Board of Appeals 2 VARIANCE CRITERIA Kurt and Cathy Murray V-03-18 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 40 County Road and contains 16,995 square feet. SPECIFIC FINDINGS The Board determined that: 1. a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the proposal would be an improvement to the subject lot and to the neighborhood; therefore, relief may be granted without detriment to the public good and without derogating from the intent or purpose of the By-laws. 3. 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. 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 January 22, 2003 to grant the following: ❑ A Variance of 9.2 on Dixon Drive ❑ A Variance of 4.8 feet for frontage relief ❑ A Variance of 63,005 square feet for lot size The Variance is conditioned upon compliance with the proposed plot plan from Cape & Islands Engineering dated December 30, 2002.