04/22/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Gary Locarno - V-98-68 2. FINDINGS A. General 1. the subject property is located at 51 Waterline Drive South(Map 120, Block 145) and contains 21,776 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 approved in 1974. The zoning requires a 30 foot front setback, 15 foot side setback and allows 30% lot coverage. 4. the proposed location of the house will result in a front setback of 30,37 feet and a side setback on the northerly side of 9.01 feet. Lot coverage of 27% of the upland area conforms to zoning. 5. the rear of the lot borders on Great River and the lot is impacted by wetlands. B. 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. C, Specific Findings I. 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 applicant has maintained the 50 foot buffer requirement from the wetlands and has redesigned the house and eliminated an entry porch. 3. the applicant has received the approval of the Conservation Conunission for the final plans. 4. the topography and shape affect this lot and not the zoning district in which it is located. 5. 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 April 22, 1998 to grant a variance to allow a setback of 9.01 feet on the northerly side, The Variance is conditioned upon compliance with plans of Michael H, Grotzke dated March 10, 1998.