03/10/1999 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Board of Appeals Sidney & Marilyn F. Lerman V-99-22 FINDINGS General Findings 1. the subject lot is located at 141 Shields Lane and consists of 8,500 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 the subject 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 a literal enforcement of the By-laws would involve hardship to the petitioner. 2. that relief may be granted without detriment to the public good. 3. that relief may be granted without derogating from the intent or purpose of the By-laws. 4. that there are two hydrants within 200 feet of the subject lot and one hydrant within 90 feet of the subject lot. . 5. that Shields Lane is an approved dirt road with processed asphalt. 6. that the lot coverage is well under the allowed 20%. 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 March 10, 1999 to grant a Variance. The permit is conditioned upon compliance with plans of Cape & Islands Engineering, Plan No. 6100898, Prepared for Marilyn Lerman, Mashpee — Mass., Date October 8, 1998.