03/28/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Chilton Development Company, Inc. V-01-34 2 Board of Appeals 138 Waterway GENERAL FINDINGS 1. that the subject property is located at 138 Waterway and consists of 16,910 i square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the narrow shape, sloping topography and its close proximity to we tlands affect the subject lot; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. 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 - g g nt or purpose of the By-laws. aws. PmF Y 3. the subject lot pre-dates the Zoning By-laws. i 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;therefore,relief may be granted without detriment to the public good. 5. the Conservation Commission has approved the proposal and has issued an Order of Conditions for the subject property. j i 6. a Special Permit, SP-01-6, was granted for permission to demolish an existing dwelling to allow for construction of a single-family home on the subject ii property. 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 March 28, 2001 to grant a Variance of 4% from the total lot coverage requirements to allow for i construction of a single-family home on the subject property. The Variance is conditioned upon compliance with The Phoenix Group plan entitled"Proposed Residence, 138 Waterway,New Seabury, MA., Project No.: 39224, Date: 5 Sept 2000, Revisions: 8/16/00, 10/6/00, ll/l/00, 1/8/01".