10/28/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Vivian G. Williams V-98-133 2 FINDINGS General Finding 1. the subject property is located at 34 Coombs Lane, 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. the lot has been assessed and taxed as a separate and distinct, buildable lot. 2. the lot will have frontage of over 100 square feet and be larger than one-half acre. 3. the lot is larger than many developed lots in the immediate area. 4. without relief, the lot could not be used for a residence, the purpose for which it had been laid out and for which the balance of the lots in the subdivision are being used. 5. the Board determined that desirable relief could be granted consistent with the planned area in which it is located. 6. the owner has paid taxes on these lots since 1966. 7. financial hardship exists for the petitioner if relief is not granted. 8. a literal enforcement of the zoning by-laws would involve hardship to the petitioner. 9. Lot 35 and a portion of Lot 36,Aill be combined and will consist of 20,760 square feet with road frontage of 134 feet. 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 19,240 square feet on the lot size requirement and a Variance of 16 square feet on the frontage requirement. The permit is conditioned upon compliance with the following: 1. the road shall be maintained with a minimum of a 14-foot width and a 13.5-foot height clearance. 2. reference plan of Yankee Survey Consultants, dated October 11, 1998. 3. the applicant needs approval from the Planning Board to change the lot lines.