06/13/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Donald B. &Evelyn McIntyre V-01-65 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 iM1.`i F 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 1. the subject property is located at 190 Waterway and consists of 11,850 square a' feet. sz�� SPECIFIC FINDINGS The Board determined that: 1. the subject property fronts on Popponesset Creek and is impacted by wetlands;therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the unusual topography affects the subject lot and not the district in which it is located. 3. 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. 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. LAK 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 two feet from the setback requirements to water and wetlands. The Variance is conditioned upon compliance with Cape &Islands Engineering entitled: "Single Family Residence &Proposed Sewage Disposal System Plan, Prepared for Donald B. McIntyre, Hse.No. 190 Waterway, Mashpee—Mass., Date: Oct. 25, 1999, Revised 11/4/99, Plan No. S102599".