10/10/2001 ZONING BOARD OF APPEALS Decisions

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it Mashpee Zoning Peter R. & Carolie D. Owens V-01-96 2 Board of Appeals VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine at there are circumstances relating to the shape antopography which d hhich 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. GENERAL FINDINGS 1. that the subject property is located at 16 Spoondrift Circle and consists of 12,075 square feet. SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the trapezoid shape and topography affect the I ' subject lot and not the district in which it is located. i 2. a literal enforcement of the By-laws would involve hardship to the Petitioner. j 3. the proposal would be an improvement to the subject lot and to the j neighborhood; therefore, relief may be granted without detriment to the public j good and without derogating from the intent or purpose of the By-laws. 4. the subject property is impacted by wetlands. 5. 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. 6. that the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District. 7. the Petitioner met the criteria and the Board has granted a Special Permit to allow for expansion of a pre-existing, non-conforming structure. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the g g� P ' 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 October 10, 2001 to grant the following: 1. a Variance of 1 foot on the easterly side of the lot. j I 2. a Variance of 2 feet 6 inches on the westerly side of the lot. 3. a Variance of 8 feet on the southerly side of the lot facing Spoondrift Circle. The Variance is conditioned upon compliance with Cape & Islands Engineering plans entitled"Plan of Addition& Garage Located in Mashpee, Mass., Prepared for Peter Owens Date: June 20 2001 Revd. July 31 2001 Au .21 2001". I L