08/12/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Willis H. Michaelson V-98-107 2 At the continued hearing on September 23, 1998, Michael Grotzke represented the applicant and submitted revised plans reducing the size of the garage and moving it back from the property line. Dorothy McCarthy, an abutter, expressed support for the proposed addition of the garage. FINDINGS General 1. the subject property is located at 9 Fiddler Crab Lane and consists of 10,100 square feet, 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 I. the size of the proposed garage has been reduced to 22 foot by 22 foot. 2. relief may be granted without detriment to the public good. 3. relief may be granted without derogating from the intent or purpose of the By- laws. 4. the Board determined that without relief the undersized lot could not be used for a residence, the purpose for which it has been laid out and for which the balance of the lots in the subdivision were being used. 5, the lot has been maintained as a separate buildable lot on the Assessors' Records and is subject to betterments from the water district. 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 September 23, 1998 to grant the Variance of 3.9 feet on the sideline setback and 1.4 feet on the front setback. The pen-nit is conditioned upon compliance with plans of the Phoenix Group dated April 15, 1998 and revised September 23, 1998.