10/22/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Board of Appeals Christopher Johnson V-03-137 permits in 2004 would be acceptable. David Chadwick, a direct abutter is very concerned about the speed of growth in Mashpee and feels this would not be beneficial for the Town. Mr. Johnson informs the Board that he has sold lots 5 and 6 and the road is going in forthwith. He also adds that it is difficult financially to tie up 6 lots for so many years. The Board feels his request is reasonable. Zella Elizenber y moves to grant the variance for growth management which would allow lots 5, 6 and 8 to be given building permit is 2003 and the remainder of the lots in 2004. Richard Guerrera seconds the motion. GENERAL FINDINGS 1. the property is located at 29 Christopher Lane, (40,000 square feet) 33 Christopher Lane, (40,409 square feet) 37 Christopher Lane, (46,180 square feet) 32 Christopher Lane, (63,604 square feet) 26 Christopher Lane (40,077 square feet) and 18 Christopher Lane (40,019 square feet). VARIANCE CRITERIA iSection 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 1. the shape and topography affect the subject property and not the district in which it is located. 2. the subject property fronts on a river and is impacted by wetlands. 3. 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. 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. •