09/24/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Louis and Roberta A. Bevilacqua 2. FINDINGS General 1. the subject property is located at 27 Keel Way(Map 119, Block 118) and contains 23,195 square feet. 2. the immediate neighborhood consists of single family homes on lots of similar size many of which have been improved with additions. 3. the subject property is located in the Little Neck Bay cluster subdivision. 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 the location in the flood plain create a hardship in the use of the land. 2. the lot coverage with the proposed additions to the house will result in 25.79% in an area where 30% is allowed. 3. the proposed additions will conform to the front setback requirements of 30 feet and south sideline setback requirement of 15 feet. 4. the circumstances are peculiar to this lot and not the zoning district in which it is located. 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 September 24, 1997 to grant a Variance of two feet to allow a sideline setback of 13 feet on the north side of the house. The Variance is conditioned upon compliance with plans of Yankee Survey Consultants dated 8/1/95 and plans of L. F. Giampietro, Architect showing the proposed additions.