12/10/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals John F. and Ethel E. Gurkin TRS. V-97-74 2. FINDINGS ` A. General 1. the subject property is located at 81 Uncle Edward's Road and contains 6,500 square feet. 2. the immediate neighborhood consists of single family homes of similar size, many of which have been improved with additions or reconstruction. 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 to the petitioner. C. Specific Findings 1. the size and shape of the lot create a hardship in the use of the land . The location of the existing house and the fact that it is a non-conforming lot dictate the construction as proposed. These are conditions unique to this lot. 2. a literal enforcement of the provisions of the By-laws would create substantial hardship since the Petitioner has the right to make the most efficient use of his property. 3. desirable relief may be granted without substantial detriment to the public good because the use of a single family dwelling with an addition for more living space is not any detriment to the public good. 4. the shape and topography affect this lot and not the zoning district in which it is located. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of Variance. Upon motion duly made and seconded, the Board of Appeals voted unanimously on December 10, 1997 to grant a Variance in lot coverage to allow 25.9% coverage. The Variance is conditioned upon compliance with plans of Cape and Islands Engineering dated October 31, 1997.