07/25/2001 ZONING BOARD OF APPEALS Decisions

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5 Mashpee Zoning Stephen M. & Sarah A. Daley V-01-80 2 Board of Appeals GENERAL FINDINGS 1. that the subject lot is located at 219 Waterway and consists of 15,050 square feet. 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. Y 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. the subject lot is abutted on three sides by streets and has an unusual shape; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. relief may be granted without detriment to the public good. 4. relief may be granted without derogating from the intent or purpose of the By- laws. 5. the subject property is impacted by wetlands. 6. 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. A, 7. the lot has been maintained as a separate buildable lot on the Assessor's ,A Records and is subject to betterments from the Water District. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly A. made and seconded, the Zoning Board of Appeals voted unanimously on July 25, 2001 to grant the following: 1. a Variance of 4.3 feet from Waterway to the existing dwelling. 2. a Variance of 15.5 feet from Waterway to the proposed deck. x 3. a Variance of 6.8 feet from Bosun's Lane to the proposed deck. The Variance is conditioned upon compliance with Ferreira Associates' plan entitled: "Plot Plan of Land Located in Mashpee—Mass., Prepared for Stephen M. & Sarah A. Daley, Date: May 22, 2000, Plan No. 05220PP".