07/25/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning John G. Bynoe V-01-76 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. k GENERAL FINDINGS 1. that the subject property is located at 48 Blue Castle Drive and contains 40,000 square feet of land. K SPECIFIC FINDINGS a The Board determined that: 1. the unpaved road affects the topography of this lot and not the district in which it is located. 2. the subject property is similar in size to several lots on Blue Castle Drive that have already been developed with single-family homes. 3. Fire Department apparatus and other emergency vehicles can safely access �. Blue Castle Drive; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 4. the owners of the developed lots on Blue Castle Drive maintain the unpaved road on a regular basis. ,. 5. Blue Castle Drive is accessible to vehicular traffic and is typical of many I.; unpaved roads in the Town of Mashpee. 6. 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, a literal enforcement of the By-laws would involve hardship to the Petitioner. 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 July 25, 2001 to grant a Variance allowing for construction of a single-family home at 48 Blue Castle Drive.