05/12/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Sophie M. Gretchen V-99-41 2 389 Cotuit Road (Map 22 Block 3B) At the Public Hearing on June 23, 1999, Attorney Leslie-Ann Morse represented the applicant, Mrs. Gretchen,who also attended the meeting. Mr. Govoni stated that the Board of Appeals conducted a study of the subdivision and established that any lots owned by the same person are not adjacent to each other. Attorney Morse stated that the applicant is seeking relief from the lot size and frontage requirements for the two lots. The applicant also seeks to re-establish that the lots are two separate lots as shown on the original subdivision plan. No comments were received from abutters. FINDINGS General Findings 1. the subject property is located at 389 Cotuit Road and consists of 11,420 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 Finding The Board of Appeals determined: I. 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 a study conducted by the Planning Department revealed that one large lot does not sell for a significantly higher price than two smaller lots. 4. that relief may be granted without detriment to the public good. 5. that relief may be granted without derogating from the intent or purpose of the By-laws. 6. 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. 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). 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 June 23, 1999 to grant a Variance of 68,580 square feet from the lot size requirements on 389 Cotuit Road, shown as Lot 3B on Assessor's Map 22 and shown as Lot 16 on a plan recorded in Barnstable Plan Book 215 Page 27.