01/10/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Stephen W. & Sandra J. Cohrs V-0 1-9 2 Board of Appeals 9 LF ` A VARIANCE CRITERIA Efi 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 5: 1. that the subject property is located at 21 Bayview Road and consists of over 12,000 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the long, narrow, sloping topography and shape affect the subject lot and not the district in which it is located; therefore a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the subject lot predates zoning. z$`k w� 3. to grant the Petitioner a Special Permit to allow for demolition of the existing, non-conforming dwelling; therefore,relief may be granted without derogating from the intent or purpose of the By-laws. 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 to grant a Variance of 2 feet from the side setback requirements. The Variance is conditioned upon compliance with the following: 1. Cape&Islands Engineering plan entitled: "Proposed Site Plan Located in Mashpee,Mass., Prepared for Stephen Cohrs, Date: Dec. 8, 2000". 2. SPB Design plan entitled: "First& Second Floor Plans/Notes, Cohrs Residence, Mashpee,MA.,Plan Date: 12/1/00".