12/08/1999 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Thomas J. & Joan D. Cleary V-99-109 2 Board of Appeals The Board voted to continue the hearing until January 26, 2000 to allow the engineer an opportunity to submit accurate plans. At the continued hearings on January 26, 2000, Mr. Christopher King of the Phoenix Group represented the applicants. New plans were submitted showing the proposed addition of a deck to the back of the house. The sunroom on the original plan has been deleted from the proposal. Mr. King said that the applicants are requesting a Variance of 29.8 feet from the ACEC to allow for construction of the addition. No comments were received from abutters. GENERAL FINDINGS 1. the subject lot is located at 4 Wheelhouse Lane and consists of 14,132 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 a literal enforcement of the By-laws would involve hardship to the petitioner. 5. that the subject property is impacted by wetlands. 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 January 26, 2000 to grant a Variance of 29.8 feet from the ACEC to allow for construction of the addition. The Variance is conditioned upon compliance with The Phoenix Group Plan entitled: "Cleary Residence, 4 Wheelhouse Lane, Little Neck Bay, Map 120 Block 155, Project No: 39111, Date: 20 August 1999, Revised: 9/10/99, 12/9/99".