12/08/1999 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Mashpee Zoning Daniel P. & Michelle R. Bulger V-99-116 2 Board of Appeals Marketplace, golf course, the Raw Bar, condominiums and other businesses are also situated in that area. Proposed lot coverage would be 21%. The Board of Health has required the installation of a F.A.S.T denitrification unit with an ultra-violet light. No comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 51 Monahansett Road and consists of 9,800 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. 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 1% from the lot coverage requirements, a Variance of 12 feet from the water and wetlands and a Variance of 13 feet from the front setback requirements. The Variance is conditioned upon compliance with plan entitled"Single Family Residence & Proposed Sewage Disposal System,Prepared for Daniel P. Bulger, Hse. 51 Monahansett Rd., Mashpee—Mass., Plan No. S092199, Date: Sep. 21, 1999, Revised: 10/15/99, 10/22/99, 11/3/99, 11/9/99, Cape & Islands Engineering".