02/24/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Bruce A. & Lisa M. Oakley V-99-15 2 Ms. Etheleen Antunes, an abutter, questioned if the owners of the vacant lot had been notified and the Board secretary assured her that they had been. Mr. Govoni asked Ms. Antunes if she was opposed to the request for the 1.9 foot variance. Ms. Antunes reminded the applicants not to build within the abutting conservation area. Ms. Justina Allen, Ms. Antunes' daughter and also an abutter, said she was in favor of the project since it would only increase the value of her property. No other comments were received from abutters. FINDINGS General Findings 1. the subject lot is located at 146 Quinaquisset Avenue and consists of 25,737 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 Finding 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 lot has been maintained as a separate 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 24, 1999 to grant a Variance of 1.9 feet on the west side of the property. The permit is conditioned upon compliance with plans of Cape & Islands Engineering, "Plot Plan of Land Located in Mashpee—Mass.,Prepared for Bruce and Lisa Oakley, Date Feb. 16, 1999, Scale: 1" = 40 Ft."