01/09/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Eric & Ellen K. Dublirer V-02-10 2 Board of Appeals construction of an addition to a pre-existing, non-conforming dwelling on the subject property. No comments were received from abutters. 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 8 Elizabeth Island Road and consists of 8,414 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the shape and sloping topography affect the subject lot and not the district in which it is located. 2. the subject lot is a corner lot and is abutted by streets on two sides; therefore 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 subject property is impacted by wetlands. i 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 9, 2002 to grant a Variance of 8 feet from the setback requirements and a Variance of 1 foot from I Nashawena Road. The Variance is based upon submission of and compliance with a revised Cape & Islands Engineering plan. Such revision shall show reduction of the existing deck so that total lot coverage of the existing structure and proposed construction of the addition shall not exceed 22%. The revised plan was received in the ZBA office on January 15, 2002 and is entitled `Septic System Upgrade &Addition, Proposed Sewage Disposal System Prepared for Eric Dublirer, Hse. No. 8 Elizabeth Island Road, j Mashpee, Mass., Date: Nov. 2, 2001, Revision: 12/05/01, 1-11/02'.