02/14/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Vito C. Marotta V-01-21 2 Board of Appeals I! � 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 y i involve hardship to the petitioner. SPECIFIC FINDINGS The Board determined that: 1. there are circumstances relating to the unusual narrow, curving shape and j II sloping topography that affect the subject lot and not the district in which it is located. �I I 2. the Petitioner is not a developer and proposes to construct a home for his own use;therefore relief may be y granted without detriment to the public good. 3. the Growth Management Development Phasing allows for only 20% of the lots in any subdivision to be developed under a Special Permit; therefore, a literal enforcement of the By-laws would create a hardship for the Petitioner. 4. 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; 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 ner met the criteria necessary for thegranting of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on February 14, 2001 to grant a Variance from the Growth Management Development Phasing to allow j �I for construction of a single-family home on the subject property. The Variance is s � conditioned upon compliance with Paul A. Sweetser, Professional Land Surveyor plan entitled"Site Plan Showing Proposed Sewage Disposal System, Mashpee, Massachusetts, as Prepared for Vito C. Marotta, dba Ashumet Valley Farm&Vineyard, 159 Falmouth Sandwich Road, Date: 11/21/00, Revisions—01-10-01, File No. 1714-00".