10/22/1997 ZONING BOARD OF APPEALS Decisions

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low Board of Appeals Francis J. and Lori S. Labrecque-V-97-63 2. FINDINGS neral 1. the subject property is located at 8 Capstan Circle and contains 15,900 square feet fronting on Spoondrift Cove. 2. the immediate neighborhood consists of single family homes of similar size, many of which have been improved with additions. 3. the lot was not included in the New Seabury Special Permit and was subject to the R-75 zoning requiring a 20 foot front setback and 10 foot side setbacks. 4, the lot is located in Fema Flood Zone A13 and is subject to Conservation Commission review for all improvements. 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 topography, soil conditions, shape of the lot and location in the Flood Zone create a hardship in the use of the land. 2. the proposed plans have been approved by the Conservation Commission. 3. the lot coverage with the addition will be 19.5% and conforms with the 20% maximum allowed by the By-laws. 4. the topography and shape affect this lot and not the zoning district in which it is located. 5. the grant of the Variance does not derogate from the intent of the By-laws. In view of the foregoing, the Mashpee Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Board of Appeals voted unanimously on October 22, 1997 to grant a Variance of.8 feet to allow one side yard setback of 9.2 feet and a Variance of 8.7 feet to allow a front setback of 11.3 feet. The Variance is conditioned upon compliance with plans of Cape&Islands Engineering dated July 23, 1997.