06/14/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning g Michael Cannata V-00-127 2 Board of Appeals VARIANCE CRITERIAa 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 n „. 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. 5. that the subject property is impacted by wetlands. 6. 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. 7. 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. 8. that the lot meets the minimum lot size and frontage requirements. 9. that there is sufficient overhead clearance and road width to accommodate passage of emergency vehicles on the dirt road. 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 June 14, 2000 to grant the following: 1. a Variance of 9 feet from the setback requirements. 2. a Variance of 15 feet from the setback requirements to water and wetlands. u 3. a Variance to allow for construction of the proposal on a dirt road. ^� .6 The Variance is conditioned upon compliance with Cape & Islands Engineering plan entitled"Single Family Residence &Proposed Sewage Disposal System Plan Prepared for Nancy Cannata, Hse.No. 4 Sakonnet Drive, Mashpee—Mass., Date: Mar. 21, 2000, REV: 3/3/0/200, 5/8/00 and 5/15/00,Plan No. S032100". f;