12/08/1999 ZONING BOARD OF APPEALS Decisions

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VI Mashpee Zoning Donald B. &Evelyn McIntyre V-99-106 2 Board of Appeals GENERAL FINDINGS L the subject property is located at 190 Waterway and consists of 11,850 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 the subject property fronts on Popponesset Creek and is impacted by wetlands. 3. 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. 4. 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 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 December 8, 1999 to grant a Variance of two feet to the water and wetlands. The Variance is conditioned upon compliance with plan entitled"Single Family Residence & Proposed Sewage Disposal System Plan, Prepared for Donald B. McIntyre, Hse. No. 190 Waterway, Mashpee—Mass., Date: Oct. 25, 1999, Revised 11/4/99;Plan No. S 102599, Cape& Islands Engineering".