07/25/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Vivian G. Williams V-01-81 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: 4:r 1. there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. the subject lot is larger than many developed lots in the immediate i neighborhood; therefore, relief may be granted without detriment to thepublic �y good. ,Y 3. the Petitioner has paid taxes on the subject lot as a separate and distinct lot, that the lot has been maintained as a separate and distinct buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, relief may be granted without derogating from the intent or purpose of the By-laws 4. without relief the lot could not be used for a residence, the purpose for which e 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. ` 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 August 8, 2001 to grant the following: • a Variance of 55,138 square feet from the lot size requirements. 3" • a Variance of 42.81 feet from the frontage requirements. • a Variance to allow for construction of a single-family home on an unpaved E,. road. The Variance is conditioned upon compliance with plan of Yankee Survey Consultants entitled: "Plan of Land located in Mashpee, MA 02649, Prepared for Vivian Williams, October 11, 1998".