09/25/1996 ZONING BOARD OF APPEALS Decisions

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i Board of Appeals Donald R. Shapiro TR. V-96-57 2. A. 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. B, Findings 1. the subject property is located at 15 Tide Run and contains 15,147 square feet. 2. the immediate neighborhood consists of single family homes of similar size many of which have been improved with additions. 3. the subject property is located in the Little Neck Bay cluster subdivision approved in 1974. The front setback requirement is 30 feet. 4, the proposed location of the addition will result in a front setback of 24.4 feet from Tide Run. 5. the proposed lot coverage will be 30% excluding the wetlands and is consistent with many of the homes in the area. 6. the Board determined that the shape and topography of the lot with the substantial wetland area create a hardship in the use of the land and the placement of the addition. 7. the topography and shape affect this lot and not the zoning district in which it is located 8. the Board found 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 October 9, 1996 to grant a variance of 5.6 feet in the front setback and allow the 30%lot coverage. The Variance is conditioned upon compliance with plans of Michael H. Grotzke dated 8/29/96 and signed by the Chairman of the Board of Appeals.