06/26/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Monogram Properties- V-96-43 2. The Board determined that the proposed house did not require a side and front setback variance but did need a Variance from the 50 foot setback requirement from the wetlands. Comments were received from an abutter asking for screening at the lot line. Findings: A. General 1. the subject property is located at 23 Spoondrift Way(Map 111,Block 133) and contains 9,208 square feet. 2. the immediate neighborhood consists of single family homes on similarly sized lots. 3. the property is located within New Seabury where cluster zoning applies to most of the lots and very few are subject to the R-75 zoning of the subject lot. 4. the proposed location of the house conforms with the R-75 setback requirements of 20 feet front setback and 7.5 foot sideline setback and does not require a Variance. I! 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 subject property is located in the flood plain and is impacted by wetlands to the rear of the property. 2. the shape and topography of the lot prevent the placement of the house in any other location. 3. the unusual topography affects this lot and not the 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 a Variance. Upon motion duly made and seconded, the Board of Appeals vote unanimously on June 26, 1996 to grant a Variance on the south side of the house on the east corner of 4 feet and on the west comer of 10 feet from the wetlands. The Variance is conditioned upon the planting of shrubbery to screen the lot line of the adjacent property at 27 Spoondrift Way(Map 111, Block 132) and compliance with plans of E.A.S. Survey revised March 21, 1996.