06/23/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals William M. & Geraldine H. McCormack V-99-46 2 FINDINGS General Findings 1. the subject lot is located at 77 Tide Run and consists of 18,400 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 relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. the shape and topography affect the subject lot and not the district in which it is located. 4. the subject property fronts on Jehu Pond and is impacted by wetlands. 5. § 174-86.F. states: "Any owner of a lot which is buildable at the time of the effective date of this Article, but which is made unbuildable due to its requirements, may apply to the Board of Appeals for a variance from the requirements of this Article. The Board of Appeals shall consult the Conservation Commission in making its decision, and in no case shall the grant of relief be more than the minimum necessary to allow a reasonable use of the lot. The Board of Appeals, in considering applications hereunder, shall give primary importance to the protection of the environment'. 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 July 14, 1999 to grant the following: 1. a variance of 5 feet from the sideline setback on the easterly side of the lot. 2. a variance of 10.5 feet from the rear setback on the northerly side. 3. a variance of 39.5 feet from the wetlands. 4. a variance of 25 feet from the ACEC on the northerly side. The permit is conditioned upon compliance with plan of The Phoenix Group, being plan entitled "McCormack Residence, 77 Tide Run, New Seabury, MA., Project No.: 39912, Date: 22 April 1999".