07/12/2000 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Mashpee Zoning Robert J.V. &Donna M. Roche V-00-136 2 Board of Appeals 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. !i 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 the subject property is impacted by wetlands. 5. that the Board determined that without relief the lot could not be used fora 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 j Records and is subject to betterments from the Water District. 7. that replacement of the existing cesspool and installation of a new septic system farther away from the water and wetlands would be an improvement to the property and to the neighborhood. 8. that the new construction would be farther away from the water and wetlands than the existing dwelling. 9. that the new construction would stand at a higher elevation than the existing j dwelling. I, j 10.that the Board has granted the Petitioner a Special Permit to allow for demolition of the existing dwelling. the Mashpee Zoning Board of Appeals found that the � I In view of the foregoing, p g pp � Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on July 12, 2000 to I grant a Variance of 38 feet from the setback requirements to the water and wetlands and a ! j Variance of 4.3% from the lot coverage requirements. The Variance is conditioned upon compliance with the following: 1. Cape & Islands Engineering plan entitled"Septic System Upgrade, ' Proposed Sewage Disposal System Prepared for Robert Roche, Hse. No. 6 Great River Rd., Mashpee—Mass., Plan No. 051200, Date: May 12, 2000, Rev'd 5-18-00 and 6-16-00". 2. .installation of the fence on the northerly property line shall not exceed 6 feet �! in height. Ili j i