06/14/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning George H. East, Jr. &Allison Pat East V-00-126 2 Board of Appeals VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine a that there are circumstances relating to the shape and topography which affect this lot and a' not the district in which it is located and that a literal enforcement of the By-laws would -0 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 there are circumstances relating to the shape and topography that 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 undersized 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. 7. that installation of a new septic system would be an improvement to the property. 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 r made and seconded,the Zoning Board of Appeals voted unanimously on June 14, 2000 to grant the following: 1. a Variance of 12 feet from the front setback requirements. 2. a Variance of 10 feet 2 inches from the southerly sideline. 3. a Variance of 13 feet 10 inches from the northerly sideline. 4. a Variance of 6.8% from the lot coverage requirements. i The Variance is conditioned upon compliance with the following: 1. Cape &Islands Engineering plan entitled: "Septic System Upgrade, Proposed Sewage Disposal System Plan, Prepared for George East, Hse. No. 22 Wilson's Grove, Mashpee—Mass., Plan No. S032200, Date: March 22, 2000". 2. New England Design plan entitled: "George East Residence, 22 Wilson's Grove, Mashpee, MA., File Name: OOOlAl,Date 04/25/00".