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 416 Monomoscoy Road and consists of 23,065 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 1. 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 416 Monomoscoy Road, referred to as Lot#101 on Easement Plan, dated November 18, 1998, as shown on Land Court Plan 1528 IB, of the following: 1. a reduction of 2,185 square feet of the lot size, decreasing the lot size from 23,065 square feet to 20,880 square feet. 2. a reduction of 10 feet on the lot frontage, decreasing the frontage from 100 feet to 90 feet. 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.