12/13/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Kenneth L. Hatcher V-00-212 2 Board of Appeals No comments were received from abutters at the Public Hearings on December 13, 2000 or on January 10, 2001. 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. GENERAL FINDINGS 1. that the subject property is located at 20 Elliot Road and consists of 9,225 square feet. SPECIFIC FINDINGS The Board determined that: 1. the location of the catch basin and the septic system dictate the location of the addition;therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the proposal would be under the allowed 20% lot coverage with removal of the existing shed;therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 3. 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. 4. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the 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 January 10, 2001,the Board voted unanimously to grant a Variance of 11 feet from the sideline setback requirements. The Variance is conditioned upon removal of the existing shed and compliance with plan signed by Registered Architect Gennaro A. Ameno and entitled: "Proposed Garage Addition, Lot 12, 20 Elliot Road,Mashpee, Mass., Date: 12/22/00".