05/22/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Christopher J. &Ann J. Salvo V-02-63 2 Board of Appeals VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority must determine that there are circumstances relating to the soil conditions, shape or topography which affect the subject lot and not the district in which it is located; that a literal enforcement of the By-laws would involve substantial hardship to the Petitioner; that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. GENERAL FINDINGS 1. that the subject property is located at 89 Whippoorwill Circle and contains 18,700 square feet of land. I ; Iiil SPECIFIC FINDINGS �I The Board determined that: ill 1. the circumstances relating to the topography and soil condition affect the subject property and not the district in which it is located. 2. the subject property is impacted by wetlands; therefore, a literal enforcement �� u of the By-laws would involve hardship to the Petitioner. it 3. other than encroaching on the setback requirements to water and wetlands, the II j proposal meets current zoning; therefore, relief may be granted without it detriment to the public good. i it 4. the property was created before adoption of newer rules by the Conservation Commission; it has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 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 May 22, 2002 II to grant a Variance of 33 feet from the setback requirements to water and wetlands. The Variance is conditioned upon compliance with the following: 1. that the Petitioner shall address placement of fill on the subject property and j ensure that water will not drain off onto the abutting lots as a result of the proposed construction. 2. Cape & Islands Engineering plan entitled `Plan of Proposed Addition Located E in Mashpee, Ma.., Prepared for Dr. Christopher Salvo, Date: Apr. 1, 2002, File: 117MA796CC, Revd: 4/19/02 Planting Added'. I ii I .I Ii i i i i I.