02/10/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Gary & Zaida G. Vitale V-99-1 1 2 Mr. Slavinsky informed the Board that Mr. Harway contacted him at Cape & Islands Engineering and requested that the plans be taxed to him. Mr. Slavinsky informed Mr. Harway that that was impossible due to the size of the drawings, but that he would have Mr. Vitale overnight express the plans. Mr. Vitale attempted on several occasions to contact Mr. Harway with no success. No other comments were received from abutters. FINDINGS General Findings 1. the subject property is located at 43 Santuit Lane and consists of 8,600 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. Specific Findings I. that a literal enforcement of the By-laws would involve hardship to the petitioner. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. the subject property fronts on Santuit Pond and is impacted by wetlands. 4. the lot has been maintained as a separate buildable lot on the Assessor's Records and is sub).ect to betterments from the water district. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Board of Appeals voted unanimously on February 10, 1999 to grant a Variance of.3% over the 23.3% lot coverage of the existing structure. Thepermitis conditioned upon compliance with plans of Cape & Islands Engineering, Plot Plan of Land located in Mashpee—Massachusetts, Prepared for Gary Vitale, dated December 23, 1998 and plan of Thomas J. O'Neill, Luxury Homes, dated 12-4-98.