04/14/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Fred Glass V-99-24 Specific Findings 1. that there are circumstances relating to the shape and topography which affect the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the petitioner. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent or purpose of the By-laws. 5. that the subject property fronts on Jehu Pond and is impacted by wetlands. 6. that 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. 7. that the lot has been maintained as a separate buildable lot on the Assessor's Records (and is subject to betterments from the Water District). 8. that the majority of homes in the neighborhood are unable to meet the required 25 -foot setback from the ACEC. 9. that the applicant has withdrawn the variance for the front yard setback. 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 April 28, 1999 to grant the Variance to allow the applicant to construct a new home within the ACEC. The permit is conditioned upon compliance with the following: that a strip of natural vegetation shall remain for a distance of five feet from the southerly property line from Tide Run to the marsh. the plan entitled "Single Family Residence & Proposed Sewage Disposal System, Prepared for Fred Glass, Hse. No. 133 (Lot 24) Tide Run, Mashpee — Mass., Plan No. 5020499, Date: Feb. 04, 1999, Revised Mar. 1, 1999 and April 22, 1999, Cape & Islands Engineering".