06/13/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning John W. Rodrigues V-01-66 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. SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the unusual shape and topography affect the ' . subject lot and not the district in which it is located. 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, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the proposal would be an improvement to the neighborhood;therefore, relief may be granted without detriment to the public good and 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 �t 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 June 13,2001 to grant the following: 1. permission for the Petitioner to combine the properties located at Map 21 Block 47 and Map 21 Block 55 to create one buildable lot. 2. a Variance of 50 feet from the frontage requirements. The Variance is conditioned upon compliance with submitted plans of Yankee Survey Consultants entitled: "Plan of Land for the Board of Appeals for Houses 23 & 17 Balfour Lane, Located in Mashpee,MA.,Prepared for John Rodrigues,April 26, 2001".