04/26/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Mildred F. Campbell V-00-103 2 Board of Appeals VARIANCE CRITERIA Y r 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 x 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 i By-laws. 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 undersized lots in the subdivision were being used. j 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. 7. that installation of a new septic system would be an improvement to the lot. 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 April 26, 2000 to grant a Variance of five (5)feet from the sideline setback requirements on all sides of the lot, except for the Bearse Way sideline. The Variance is conditioned upon compliance with Baxter,Nye &Holmgren, Inc.plan entitled"Septic Design, 48 Nick Trail, Mashpee, Massachusetts,Prepared for Mildred Campbell,Date: 2/23/2000, Drawing Number C-1". i s ,r