04/28/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Bruce H. & Bernadine M. Urquhart V-99-32 2 FINDINGS General Findings 1. the subject property is located at 130 Surf Drive and consists of 14,192 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. the shape and topography affect the subject lot (the house is centered on the lot) and not the district in which it is located. 2. the lot is impacted by a drainage easement. 3. 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 undersized lots in the subdivision were being used. 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. 5. the proposed construction will be an improvement to the lot and the neighborhood. 6. the majority of the other homes in the neighborhood have garages. 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 a Variance of 4.9 feet from the sideline setbacks on the easterly sideline of the lot. The permit is conditioned upon compliance with plans entitled "Project Location, HSE. #130 SURF DR., MASHPEE, MA., for Bruce Urquhart, Yankee Survey Consultants, Scale: 1" — 20', Job. No. 51869, Dated 3/22/99" and "Plan of New Garage, Proposed New Garage Addition to Existing House at 130 Surf Drive, Mashpee, for Builder Shaun Gilfoy of Falmouth, MA. Dated April 15, 1999, Theodore R. Slavin, Registered Architect".