05/12/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Raymond R. Butti V-99-36 2 FINDINGS General Findings 1. the subject property is located at 221 Wading Place Road and consists of 7,500 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. that the shape and topography 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 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. 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 May 12, 1999 to grant a Variance of 4.7 feet from the northerly sideline setback requirements. The permit is conditioned upon compliance with plan of Cape & Islands Engineering entitled: "PLOT PLAN OF LAND Located in Mashpee — Mass., Prepared for Ray Butti, Date: Aug. 28, 1998, Scale: 1" = 20 FT.".