09/08/1999 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Robert T. &Nancy B. Farrelly V-99-71 2 Board of Appeals No comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 31 Starboard Lane and consists of 13,363 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 maybe granted without derogating from the intent or purpose of the By-laws. 3. the subject property fronts on Nantucket Sound and is impacted by wetlands. 4. that a number of homes in the area have been rebuilt or have been improved with additions. 5. that, except for the setback from the water and wetlands,the proposal complies with front and side setback requirements. 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 October 13, 1999 to grant a Variance of 23.6 feet from the water and the wetlands. The permit is conditioned upon compliance with plan entitled"Site Plan, 31 Starboard Drive, Mashpee, Massachusetts, Prepared for J. Tarabelli, Inc., Scale: I"=20', Date: 7-30-99, Revised: 7-30-99, 9-9-99, 9-13-99, 10-12-99".