12/10/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Estate of Ann V. Presgraves - V-97-75 2. FINDINGS 1. the subject property is located at 41 Claulise Lane and contains 19,507 square feet. It is a corner lot surrounded by single family residential development and is impacted by virtue of having a way abutting two of the four sides of each lot. 2. the lot size of 19,000 plus square feet is consistent with the lot sizes of many of the lots situated within said subdivision. 3. the lot is part of a subdivision approved by the Planning Board in 1968. 4. many of the lots in the subdivision were granted variance relief on lot size and frontage in 1987. 5. the lot has been maintained in separate ownership from all adjoining lots. 6. there is not now nor was there ever the possibility of merging this lot with adjoining land since the owner did not control the adjoining land. 7. the lot has been separately maintained and assessed as a buildable lot and is also subject to a betterment from the Mashpee Water District. On the basis of these factors, the Board determined that the hardship in this case was not a self-imposed hardship and that without the grant of Variance relief,the lot can be put to no useful purpose permitted within this residential zoning district. The Board found that due to conditions specifically affecting this lot and not others in this zoning district, that relief may be granted without detriment to the public good. The Board found i that the grant of the Variance will not have any substantial adverse impact upon the neighborhood or the Town as a whole. Upon motion duly made and seconded the Board of Appeals voted unanimously on December 10, 1997 to grant the Variance.