09/23/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Richard T. Henshall V-98-120 2 FINDINGS General 1. the subject property is located at 24 Captains Row and consists of 10,400 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 Finding 1. relief may be granted without detriment to the public good. 2. relief may be granted without derogating from the intent or purpose of the By-laws. 3, the subject lot fronts on a river and is impacted by wetlands, flood plains and a coastal bank. 4. the Board determined without relief the lot could not be used for a residence, the purpose for which it had been laid out. 5. the new structure will not be any closer to the lot lines than the existing structure. 6. the request for a 1.6% lot coverage variance includes the new house, porch and deck. 7. the proposed construction will be an improvement to the neighborhood. 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 a variance of 18 feet from the frontage setback requirements and a variance of 1.6% from the lot coverage requirements. The permit is conditioned upon compliance with plans of Cape& Islands Engineering dated July 1, 1998.