06/26/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Peter C. &Elizabeth M. Maher V-02-72 2 Board of Appeals VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority must !I' determine that there are circumstances relating to the soil conditions, shape or topography which affect the subject property 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 85 Bluff Avenue and consists of 7,741 ! square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the Petitioner met the criteria for grant of a Special Permit to allow for demolition of the existing structure on the subject property. 2. the circumstances relating to the shape and topography affect the subject property and not the district in which it is located. I 3. the location of the septic system restricts the location of the proposed j i'. construction; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. ! !1! I Ili � 4. because the proposed location of the new construction would be further away j from Bluff Avenue than the existing dwelling, relief may be granted without detriment to the public good. 5. the proposed location of the new construction conforms to the average setback from the street as the other homes in the neighborhood; therefore, relief may i be granted without derogating from the intent or purpose of the By-laws. 6. without relief the subject 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. !j 7. the proposal meets the lot coverage requirements. 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 June 26, 2002 to grant a Variance of five (5) feet from the setback requirements to Bluff Avenue. The j Variance is conditioned upon compliance with Cape & Islands Engineering plan entitled �I! `Proposed Site Plan Located in Mashpee—Mass., Prepared for Peter Maher, Date: May 17, 2002, File: 125MA'. ' i X11 I �I i!