05/27/1998 ZONING BORD OF APPEALS Decisions

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Board of Appeals Robert H. Plugge- V-98-77 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-laws would involve hardship to the petitioner. Findings I. the subject lot contains 89,000 square feet and was part of a 5-lot subdivision approved by the planning Board in 1996, 2. the lot size exceeds the minimum lot size of 80,000 square feet required in an R-5 zoning district and meets the frontage requirements. 3. four of the approved lots are on Fern Gully Pass which has been developed at the expense of the applicant with the intention of constructing single family homes and completing the road. 4. the Board determined that it would b�a substantial hardship to restrict annual development to 20% of the lots. 5. the Board found that granting of a Variance would not be a detriment to the neighborhood and abutters are in favor of the application. 6. the hardship relates to this property only and not the district in which it is located. 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 27, 1998 to grant a Variance from the restrictions of Section 174-26A of the Zoning By-laws.