02/08/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals E. Gerard Keen - V-95-13 2. The Board of Appeals made the following findings: 1. the subject lot contains 18,314 square feet and is located at 426 Monomoscoy Road. 2. the triangular shape of the petitioner's lot is an unusual one in the R-3 district in which it is located. 3. in the proposed location, the addition will not encroach on the sideline setback nor increase the non-conformity created by the existing deck. 4. the shape and topography of the lot affect the land in question but not the zoning district in which the land is located 5. the site is both adequate and suitable for the proposed use. On the basis of these factors, the Board determined that, owing to the unique shape of the lot in combination with the topography of the land in question, a literal enforcement of the By-laws would involve substantial hardship to the Petitioner . Upon motion duly made and seconded the Board of Appeals voted unanimously on February 8, 1995 to grant a Variance to allow the 10' rear setback from the wetlands. The Variance is referenced by plans of Cape and Islands Engineering dated December 22, 1994. The Variance is subject to the approval of the Mashpee Conservation Commission and will require a modification if the referenced plans are changed.