11/10/1999 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Mashpee Zoning Chilton Development Co., Inc. V-99-101 2 Board of Appeals GENERAL FINDINGS 1. the subject property is located at 52 Summersea Road and consists of 9,981 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 is impacted by wetlands. 5. 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. 7. that the lot is in the New Seabury Special Permit area and that there are no sideline setback requirements. improvement to the 8. that the installation of a denitrification system will bean im p property. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on November 10, 1999 to grant a Variance of nine (9) feet from the wetlands to the nearest point of the proposed deck. The permit is conditioned upon compliance with plan entitled: "Proposed Residence, 52 Summersea Road,New Seabury, MA., Map 105/Block 31, Project No.: 31222, Date: 5/6/99, General Revisions: 9/7/99, Added Denitrification System: 9/15/99, The Phoenix Group".