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

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Board of Appeals John R. & Cathy D. Power V-99-53 2 No other comments were received from abutters. FINDINGS General Findings 1. the subject property is located at 47 Waterline Drive South and consists of 19,501 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 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 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 subject property fronts on Great River and is impacted by wetlands. 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 a Variance of 6 feet from the sideline setback requirements. The permit is conditioned upon the following: 1. construction of a retaining wall on the subject property and abutting the property at 51 Waterline Drive South. 2. compliance with plan of The Phoenix Group, being plan entitled"Power Residence, 47 Waterline Dr-S, Little Neck Bay,LC Plan 35464B,Date:15 April 1998,Revisions 10/14/98 and 6/15/99,Project No. 39565". j I