10/10/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Paul & Theresa Kelly V-01-94 3 Board of Appeals 22 Sunset Circle GENERAL FINDINGS 1. that the subject property is located at 22 Sunset Circle and consists of 14,527 square feet of land. SPECIFIC CRITERIA The Board determined that: i 1. the subject property has an unusual shape, being bounded on two sides by j Sunset Circle; therefore,the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. I ISI 2. the size of the lot is consistent with the size of other developed lots in the I neighborhood; therefore, relief may be granted without detriment to the public good. 3. the Town has taxed the two subject properties as separate and buildable lots and the Petitioner has paid taxes for decades on the two subject properties as separate and buildable lots; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. i 4. without relief the lot could not be used for a residence, the purpose for which i 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. 5. that the lot has been maintained as a separate buildable lot on the Assessor's i Records and is subject to betterments from the Water District. 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 December 12, j 2001 to grant a Variance of 65,473 square feet from the lot size requirements on the property located at 22 Sunset Circle. The Variance is subject to the following: 1. a 20-foot buffer shall be maintained between Map 64 Parcel 15 (82 Sunset Circle) and Map 64 Parcel 14 (74 Sunset Circle) along the northerly edge of Parcel 15. 2. submission of a revised plan showing the above-referenced 20-foot buffer. 3. that the shed must comply with the setback requirements. ji