05/14/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Walter and Joan Francis - V-97-39 2. FINDINGS A. General 1. the subject property is located at 24 Riverside Road (Map 119, Block 118) and contains 7,175 square feet. 2. the immediate neighborhood consists of many lots of similar size which have been improved with single family homes. 3. the subject lot appears on a plan dated April 28, 1932 and predates zoning in the Town of Mashpee. B. 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 1. the shape of the lot and comer location create a hardship in the use of the land due to existing wells in the neighborhood and affect this lot and not the zoning district in which it is located. 2. the lot is now serviced by a public water supply and can accommodate a Title V septic system. Lot coverage at 16.3% is less than the 20% allowed. 3. the Board determined that, absent 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 use. 4. the lot has been separately maintained as a buildable lot since 1932. 5. the Board found that the granting of a Variance would not derogate from the intent of the By-laws and would not be a detriment 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 May 14, 1997 to grant a Variance of 5 feet from Riverside Road and a Variance of 7' from Bayview Way. The Variance is conditioned upon compliance with plans of Cape & Islands Engineering dated April 10, 1997.