02/24/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals North River Realty Trust V-99-17 2 James Brown, Stephen Barber and Paul Sandborg, also abutters, attended the meeting and expressed approval for the project. No other comments were received from abutters. FINDINGS General Findings 1. the subject lot is located at 163 Wheeler Road and consists of 43,650 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. that a literal enforcement of the By-laws would involve hardship to the petitioner. 4. the Board determined that 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. 5. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District. 6. the lot has been assessed and taxed as a separate and distinct buildable lot. 7. as in the case of Willard vs. Board of Appeals of Orleans, Court referenced fourth paragraph of Section 6 "there is nothing on the face of the fourth paragraph to suggest that it was intended to apply to anything but vacant land." 8. the lot appears on recorded subdivision plan and clearly intended to stand on its own and not as part of adjacent developed land. 9. the lot is larger than many developed lots in the immediate area.Board determined that desirable relief could be granted consistent with the planned area in which it is located. 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 of 4.5 feet from the frontage requirements and a Variance of 36,350 square feet from the lot size requirements on the property located at 163 Wheeler Road, Map 49 Block 49, Mashpce, Massachusetts.