12/08/1999 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Patricia A. Sciuto V-99-112 2 Board of Appeals Mr. McGrath stated that fill will serve to prevent possible further erosion or flooding and that the movement of the pond will not adversely affect the subject property. No comments were received from abutters. h GENERAL FINDINGS 1. the subject property is located at 160 Algonquin Avenue and consists of 112,250 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 the shape and topography affect the subject lot and not the district in which it is located. 2. that the subject property 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. 5. that relief may be granted without detriment to the public good. 6. that relief may be granted without derogating from the intent or purpose of the By-laws. 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 13 feet from the rear setback requirements to the water and wetlands and a Variance of 10 feet from the front setback requirements. The Variance is conditioned upon compliance with plan entitled"PLOT PLAN of Proposed Sewage Disposal System, Prepared for TRICO BUILDERS, For Parcel 40, #160 Algonquin Avenue in Mashpee, MA., Scale: 1"=20', Date: Aug. 28, 1999, Revisions: 9/28/99 and 10/29/99,Holmes and McGrath, Inc.".