07/14/1999 ZONING BOARD OF APPEALS Minutes (2)

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Board of Appeals Perry Ellis V-99-55 2 No other comments were received from abutters. FINDINGS General Findings 1. the subject lot is located at 23 Monomoscoy Road and consists of 6,973 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. that the shape and topography affect the subject lot and not the district in which it is located. 4. that the subject property fronts on Hamblin Pond and is impacted by wetlands. 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. 6. 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 July 14, 1999 to grant Variance of the following: 1. a Variance of 11 feet fiom the top of the bank to the wetlands. 2. a Variance of 10 feet fiom the frontage setback requirements on Childs Road. 3. a Variance of 14 feet from the frontage setback requirements on Monomoscoy Road West. The permit is conditioned upon the following: I. the applicant must re-grade and maintain the road from Monomoscoy Road West past Childs Road at a minimum width of 14 feet and a minimum height clearance of 13.5 feet. 2. compliance with plans of Cape &Islands Engineering entitled"Single Family Residence &Proposed Sewage Disposal System Plan,Prepared for Perry Ellis, Hse. 23 Monomoscoy Rd. West,Mashpee,Mass., Date: Jun 1, 1999".