10/28/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Kevin & Marilyn J. Radford V-98-137 2 FINDINGS General Finding 1. the subject property is located at 41 Surf Drive and consists of 23,977 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 I. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. the shape and topography(a large gully) affect the subject lot and not the zoning district in which it is located. 4. the addition of a garage will benefit the neighborhood, 5. most of the homes in the area have garages. 6. any new homes constructed in the area now require a garage. 7. The front left comer of the garage meets the fifteen-foot setback requirements, with only a minute portion of the back corner needing relief from the setback requirements. 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 October 28, 1998 to grant a Variance of 4.1 feet to allow for the construction of an attached garage. The permit is conditioned upon compliance with plans of Yankee Survey Consultants, dated October 23, 1998, and with the following conditions: 1. an agreement for an evergreen screening to be arrived at between the petitioner and the abutters, the Connollys. 2. the screening will be a minimum of five feet in height and four feet on center. 3. the screening will be planted from the front to the back of the house,