03/12/2003 ZONING BOARD OF APPEALS Decisions

Home Browse Search

• • 0 Mashpee Zoning Anthony Shuman and Dorothy Kagan Board of Appeals V-03-40 (29 Pickerel Cove) 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 1. that there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it are 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 June 11, 2003 to grant the requested Variances. The variance is granted with the following conditions: ♦ Variances for Lot 17A (29 Pickerel Cove) consist of 25 feet for the frontage and 40,060 square feet for the land space requirement. ♦ all instructions and requests from the Fire Department detailed in the attached memo from Deputy Sheldon Hamblin must be adhered to and executed. ♦ they follow the plans that show the envelopes on the lots along with all other plans submitted by Cape & Islands Engineering, dated February 27, 2003, File 196 MA as prepared for Dorothy Kagan and Anthony Shuman.