05/08/1996 ZONING BOARD OF APPEALS Decisions

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4 Board of Appeals F. Keats and Ina C. Boyd - V-96-32 2. FINDINGS: A. General 1. the subject property is located at 12 Bright Coves Way and consists of 11,254 square feet. 2. the immediate neighborhood consists of single family homes on lots of similar a size, many of which have been improved with garages. 3. a substantial portion of the front of the lot is located within the 100 year Flood Plain. 4. the proposed addition would not result in an increase in lot coverage above the 20% allowed in the By-laws. 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 1. the front half of the lot is located within 100 feet of the Top of Coastaf Bank and is subject to restrictions which create a hardship in the use of the land. 2. a substantial portion of the front of the lot is located within 100 feet of the Mean High Water Mark and Coastal Wetlands. 3. the topography affects the subject lot and not the zoning district in which it is located. 4. the Board determined that a literal enforcement of the By-laws would involve hardship to the petitioner and that relief may be granted without derogating from the intent and purpose of the By-laws or without detriment to the public good. P 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 May 8, 1996 to grant a Variance of e 1.9 feet to allow a sideline setback of 5.6 feet. The Variance is conditioned upon n compliance with plans of Levy, Eldredge and Wagner Associates Inc. revised March 11, v 1996. P d