11/12/1997 ZONING BOARD OF APPEAL Decisions

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Board of Appeals Maxwell Gates - V-97-71 2 FINDINGS A. General 1. the subject property is located at 18 Waterline Drive North (Map 120, Block 177) and contains 15,000 square feet abutting reserve marsh land which fronts on Jehu Pond. 2. the immediate neighborhood consists of single family homes many of which have been improved with house and deck additions. 3. the subject property is located in the Little Neck Bay cluster subdivision approved in 1974. The zoning sideline setback requirement is 15 feet and the rear setback is 20 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 I. the subject property fronts on reserve land at Jehu Pond and is substantially impacted by the coastal wetlands. 2. the shape and topography of the lot create a hardship in the placement of the additions. 3. the applicant has maintained the 50 foot buffer requirement from the wetlands has received approval from the Conservation Commission. 4. the proposed additions will result in 20.9% lot coverage and are below the 30% allowed. 5. the unusual topography affects this lot and not the district in which it is located. ( 6. 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 November 12, 1997 to grant a variance of.9 feet for an existing garage which is located 14.1 feet from the North side line and a variance of 13 feet in the rear to allow a setback of 7 feet. The Variance is conditioned upon compliance with plans of Cape& Islands Engineering dated September 5, 1997.