02/24/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Bartley& Martha M. Sullivan V-99-16 2 Mr. Govoni questioned the reason for the petition. Attorney Morse stated that the Reiffarth's driveway is located right where the ten-foot strip is, and has been since the 1950's. She also stated that the owners have entered into a purchase and sale agreement to convey the ten-foot strip of land. No comments were received from abutters. FINDINGS General Finding 1. the subject property is located at 422 Monomoscoy Road. 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 zoning district in which it is located. 4. the subject property fronts on Great River and is impacted by wetlands. 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 24, 1999 to grant a Variance on the property located at 422 Monomoscoy Road, referred to as Lot#3 8 on Easement Plan, dated November 18, 1998, as shown on Land Court Plan 15281B, of the following: 1. an addition to Lot#38 (422 Monomoscoy Road) of 2,185 square feet, referred to as Lot#102 on the above-referenced plan. 2. an addition of 10 feet of the lot frontage to Lot#38 (422 Monomoscoy Road). The permit is subject to Land Court approval and Planning Board approval and is conditioned upon compliance with Easement Plan of Edward E. Kelley, Registered Professional Land Surveyor, dated November 18, 1998. The permit restricts the newly created Lot#102 (the ten-foot strip)to be used only in connection with the property located at 422 Monomoscoy Road, Map 124 Block 48, Mashpee, Massachusetts.