04/28/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals John C. & Sandra S. Hessler V-99-29 FINDINGS General Findings 1. the subject property is located at 84 Punkhorn Point Road and consists of 1.3 acres of land 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 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 the subject property fronts on Popponessett Bay and is impacted by wetlands. 5. that the property from the westerly property line for a distance of 200 feet along the road shall be graded and widened to 16 feet. 6. that an NFPA 13-D sprinkler system shall be installed in the residence. 7. that the applicants have pre-existing rights because of the existing shed. 8. that the removal of the cesspool and installation of a denitrification system will be an improvement to the property. 9. that the lot coverage is only 5%. 10. pending confirmation that the Conservation Commission has approved the project. 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 to allow the applicants to construct a new home on an unpaved road. The permit is conditioned upon compliance with plan entitled "Proposed Site & Topographic Plan Located in Mashpee — Mass., Prepared for John C. & Sandra S. Hessler, Scale: 1" = 20 FT., Plan No. 030399, Date: Mar.3, 1999, Cape & Islands Engineering".