09/10/1997 ZONING BOARD OF APPEALS Decisions

Home Browse Search

i Board of Appeals Robert I and Patricia A. Tuohy- V-97-56 2. FINDINGS A. General 1. the subject property consists of 12,000 square feet at 53 Dry Hollow Lane.. 2. the immediate neighborhood consists of single family homes of similar size. 3. the subject property is located in a 1972 cluster subdivision known as Dry Hollow with a front setback requirement of 30 feet. 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. C. Specific Findings 1. the Board determined that the Variance requested was minimal and would not be detriment to the neighborhood. The shape of the lot and the location of the house on the lot limit the placement of the front porch. 2. The side and rear setbacks exceed the zoning requirements. 3. the topography and shape affect this lot and not the zoning district in which it is located. 4. the Board determined that desirable relief may be granted without derogating from the intent and purpose of the Zoning By-laws and without detriment to the public good. 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 10, 1997 to grant a variance of 3.5 feet on the front of the property to allow the construction of an open farmer's porch 26.58 feet from Dry Hollow Lane. The Variance is conditioned that the addition remain an open porch and comply with the plans of Weller&Associates dated August 13, 1997.