12/13/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Daniel J. Bohnenberger V-00-208 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. GENERAL FINDINGS 1. that the subject property is located at 43 Riverside Road and consists of 16,300 square feet. SPECIFIC FINDINGS The Board determined that: I 1. the narrow shape and topography affect the subject lot and not the district in which it is located. 2. the subject property is impacted by wetlands 3. 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. 5. installation of a new septic system would be an improvement to the subject property and to the neighborhood;therefore, relief may be granted without detriment to the public good. z 6. proposed construction of the new dwelling would be farther away from the water and wetlands: therefore,relief may be granted without derogating from the intent or purpose of the By-laws. i 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 December 13, 2000 to grant a Variance of 25 feet from the setback requirements to water and wetlands. The Variance is conditioned upon compliance with Holmes &McGrath, Inc.plan entitled "Plot Plan of Proposed Sewage Disposal System Prepared for Daniel Bohnenberger,For Lot 31, #41 Riverside Road in Mashpee,MA., Seconsett Island, Job No: 200108,Date: June 21, 2000, Revisions: 8/4/00, 10/24/00".