12/08/1999 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Mashpee Zoning Howard Glaser V-99-114 2 Board of Appeals No comments were received from abutters. GENERAL FINDINGS 1. the subject properties are located at 403 and 397 Great Oak Road. 403 Great Oak Road consists of 19,177 square feet and 397 Great Oak Road consists of 24,213 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 a literal enforcement of the By-laws would involve hardship to the petitioner. 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 22 feet from the ACEC and to combine Map 126 Blocks 48 and 49 into one buildable lot. The Variance is conditioned upon compliance with plan entitled"Proposed Driveway, House & Septic Located in Mashpee—Mass.,Prepared for Howard Glaser, Scale: 1"=20 FT., Plan No. 102999, Date: Oct. 29, 1999, Revised 11/23/99 and 12/7/99, Cape &Islands Engineering".