02/10/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Zelda Pernstein V-99-13 2 1711�DINGS General Findings 1. the subject property is located at 161 Daniels Island Road and consists of 12,800 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 relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. the shape and topography affect the subject lot and not the district in which it is located. 4. the subject property fronts on Popponesset Bay and is impacted by wetlands. 5. the lot has been maintained as a svarate buildable lot on the Assessor's Records (and is subject 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 four feet from the front setback requirements and a Variance of.6% from the lot coverage requirements, subject to the following conditions: I. the applicant must file and receive an RDA from the Conservation Commission. 2. compliance with plans of Cape & Islands Engineering, Plot Plan of Land Located in Mashpce—Mass., Prepared for Bernard Pernstein, Date: Jan. 4, 1999, Scale: I" = 30 FT.