04/22/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Willowbend Development Corp. 2. 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-law would involve hardship to the petitioner. Findings: Based on Willowbend's presentation, the Board makes the following findings as to hardship: 1) the fact that roads and utilities have been installed in reliance on the original definitive plan greatly limits planning flexibility as to lot shape and the owner's ability to lay out conforming lots; 2) the wetlands on the Shoestring Bay side of the road can no longer be counted towards lot area under the current by-law and this constraint limits buildability. This change in the by-law combined with the steep topography of the coastal bank greatly limits the ability to develop alternative lotting schemes without imposing substantial hardship or impacting wetlands-, 3) documented groundwater contamination north of the site will require the installation of public water in the streets, thus increasing the financial hardship of developing the property. Upon motion duly made and seconded, the Board of Appeals voted unanimously on July 22, 1998 to grant Variances for the lots fisted on Schedule A from the minimum lot size requirements of Section 174-3 1. This Variance is subject to the conditions that I. public water be installed to the new lots; 2. all construction traffic will be routed through Willowbend. 3. Bryant's Cove Road, an ancient way which traverses the site, will be maintained as a way open to the public; 4. the applicant record an instrument at the Barnstable Registry of Deeds waiving all rights to the more dense lotting scheme showing on the 1985 Definitive Plan. 5. development comply with plans of Thomas W. Hardman dated December 16, 1997 and May 6, 1998.