05/13/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Lipnosky Family Trust - V-98-79 2. FINDINGS A. General 1. the subject property is located at 123 James Circle (Map 64, Block 67) and contains 19, 500 square feet on John's Pond. 2. the immediate neighborhood consists of single family homes of similar size. 3. the subject property is located in the John's Pond Estates subdivision. 4. the proposed location of the house will result in a front setback of 23 feet which exceeds the front setback of many of the homes in the area. B. Variance Criteri 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 top6graphy 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. 3. the proposed location of the house has received the approval of the Conservation Commission. 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 May 13, 1998 to grant a variance to allow a front setback of 23 feet. The Variance is conditioned upon compliance with plans of Cape& Islands Engineering dated February 20, 1998.