06/13/2001 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Mashpee Zoning Alberto Velella, Trustee V-0 1-63 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 K 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 shape and topography affect the subject lot and not the district in which it is located. 2. without relief the subject property could not be used for a residence,the purpose for which it had been laid out; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the subject property is impacted by wetlands; therefore,relief may be granted without derogating from the intent or purpose of the By-laws. 4. the installation of a new septic system would be an improvement to the lot and I�� to the neighborhood; therefore,relief may be granted without detriment to the public good. 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 June 13, 2001 to grant a Variance of forty-two(42)feet from the setback requirements to water and wetlands. The Variance is conditioned upon compliance with the following: �r 1. that the subject lot shall be completely cleared of all trash and debris. 2. that the existing structure shall be demolished prior to construction of the new dwelling on the subject lot. 3. Cape& Islands Engineering plan entitled"Proposed Site Plan Located in Mashpee—Mass.,Prepared for K C Realty Trust,Date: Jan. 18, 2000, �. rJ Revised: 3-7-00 and 3-17-00".