02/09/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning David&Kathleen Smith V-00-37 2 Board of Appeals GENERAL FINDINGS 1. that the subject lot is located at 2 Maple Street and consists of 16,154 square feet. 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. SPECIFIC FINDINGS 1. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. that the shape and topography affect the subject lot and not the district in which it is located. 4. that a literal enforcement of the By-laws would involve hardship to the petitioner. 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 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 February 9, 2000 to grant the following: 1. that the applicant has permission to build forward of the building setback line. 2. that the applicant shall keep a minimum of 30 feet from the Maple Street cul- de-sac. The Variance is conditioned upon the applicants' rendering to the Zoning Board of Appeals certified, signed plot plans.