01/28/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals John Costa- V-98-6 2. FINDINGS General 1. the subject property is located at 105 Waterline Drive South and contains 17,570 square feet. 2. the immediate neighborhood consists of single family homes of similar size. 3. the subject property is located in the Little Neck Bay cluster subdivision which was approved in 1974. 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. the shape and topography of the lot with the substantial wetland area at the rear create a hardship in the placement of a house on the lot. 2. the topography and shape affect this lot and not the zoning district in which it is located. 3. the applicant has relocated the house to maintain a 35 foot buffer from the wetlands, reduced the foundation and will install a chain link fence to prevent encroachment on the wetland area. 4. the proposed house will result in lot coverage of 13.2% of the upland area in an area in which 20% lot coverage is allowed. 5. the revised plans have received the approval of the Conservation Commission. 6. the Board determined that desirable relief may be granted without derogating from the intent and purpose of the Zoning By-laws and without detriment to the public good. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded the Board of Appeals voted unanimously on March 11, 1998 to grant a Variance to allow a front setback of 21.94 feet from Waterline Drive South, a 6 foot side setback on the North side and a 35 foot setback from the wetlands. The Variance is conditioned upon compliance with plans of Michael H. Grotzke revised March 10, 1998.