03/22/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning E. Thomas Jones &Wendolyn W. Jones V-00-90 2 Board of Appeals GENERAL FINDINGS i 1. that the subject property is located at 202 Daniel's Island Road and consists of 34,020 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 there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. that 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. :1 5. that the subject property is impacted by wetlands. 6. that the Board determined that without relief the lot could not be used fora or which it had been laid out and for which the residence, the purpose f balance of the undersized lots in the subdivision were being used. 7. that the lot has been maintained as a separate buildable lot on the Assessor's ! j Records and is subject to betterments from the Water District. 8. that the proposal would not be substantially more detrimental than the existing (� structure. Ad 9. that the installation of a new septic system would be an improvement to the lot. 10. that construction of a new home would enhance the neighborhood. i � . 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 March 22, 2000 to grant a Variance of 10 feet from the front setback requirements. The Variance is conditioned upon compliance with Cape &Islands Engineering plan entitled: "Proposed Site Plan Located in Mashpee—Mass., Prepared for E. Thomas Jones, Plan No. 021700, Date: Feb. 17, 2000, Revised: 3/23/00". i s.