11/17/1999 ZONING BOARD OF APPEALS Decisions

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1 Mashpee Zoning James W. Flanders V-99-80 2 Board of Appeals Mr. Dardano, an abutter, expressed approval of the project and stated that it will be a great improvement to the neighborhood. No other comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 14 Cross Street and consists of 5, 500 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 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. 7. that the proposed construction of a garage will help address the issue of limited parking in the area. 8. that the proposed construction meets the setback requirements. 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 17, 1999 to grant a Variance of 4 feet from the front setback requirements and a Variance of 9% from the lot coverage requirements. The Variance is conditioned upon compliance with Cape &Islands Engineering plan entitled: "Topographic Site Plan, Located in Mashpee—Mass., Prepared for James Flanders,Plan No. 102599, Date: Oct. 25, 1999, Revised 11/11/99".