03/10/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals James R. & Anne L. Collins V-99-20 Mr. Slavinsky stated that the subdivision was established prior to zoning and Mr. Govoni acknowledged that there are no zoning requirements in this particular case. However, Mr. Hauck said that he does not issue building permits for construction that is closer than 30 feet from the front setback and 10 feet from the sideline setback. No comments were received from abutters. FINDINGS General Findings 1. the subject lot is located at 6 Rock Island Road and consists of 7,000 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 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 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 lots in the subdivision were being used. (undersized lots). 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 installation of a new Title V septic system will be an improvement to the property. 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 of 13 feet from the front setback requirements and a Variance of 2 feet from the sideline setback requirements on the northerly side of the subject lot. The permit is conditioned upon compliance with plans of Cape & Islands Engineering, being "Plot Plan of Land Located in Mashpee — Mass., Prepared for James Collins, Date: Jan.27, 1999, Scale 1" = 20 FT., revised February 5, 1999".