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Board of Appeals Gerald V. and Dorothy R. Boylan- V-97-64 2. <br /> FINDINGS <br /> General <br /> 1. the subject property is a corner lot located at 40 Alma Road with frontage on <br /> Uncle Percy's Road and contains 8,125 square feet. The Zoning By-laws <br /> require that the front setback requirements be met on both streets. <br /> 2, the immediate neighborhood consists of single family homes of similar size, <br /> many of which have been improved with additions. <br /> 3. the proposed addition will result in a setback of 20.1 feet from Uncle Percy's <br /> Road. <br /> 4. the placement of the house on the lot and the area required for a new septic <br /> system limit any alternative locations for the addition. <br /> Variance Criteria <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the by-laws would <br /> involve hardship to the Petitioner. <br /> Specific Findings <br /> 1. the topography, soil conditions and shape of the lot create a hardship in the use <br /> of the land. <br /> 2. the placement of the house and addition conform to earliest zoning in the area. <br /> 3. the upgrade of the septic system has been an improvement to the environment. <br /> 4. the grant of the Variance does not derogate from the intent of the By-laws. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the Petitioner <br /> met the criteria necessary for the granting of a Variance. Upon motion duly made and <br /> seconded, the Board of Appeals voted unanimously on October 22, 1997 to grant a <br /> w ' <br /> Variance of 4.9 feet allowing for a setback of 20.1 feet from Uncle Percy's Road. The <br /> Variance is referenced by plans of Cape& Islands Engineering dated March 8, 1995. <br /> p ' <br /> •. 1 <br />