05/24/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Myles D. and Mary T. Huntington V-95-36 2. Findings: A. General 1. the subject property is located at 35 Bayshore Drive and contains 17,000 square feet backing on an abandoned cranberry bog. 2. the immediate neighborhood consists of single family homes of similar or larger size. 3. the subject property is located in a 1984 residential subdivision known as Seabrook Shores. 4: the proposed house has been sited to meet the Conservation Commission requirement of a 50 foot natural buffer strip from the A.C.E.C. 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 applicant. C. Specific Findings 1. the subject propery is substantially impacted by the wetlands and flood zone in the rear. 2. the shape and topography of the lot create a hardship by preventing the placement of the house in any other location. 3. the Conservation Commission requirement of a buffer strip imposes a hardship in the use of the lot and the Commission has approved the proposed plan. 4. the shape and topography affect this lot and not the zoning district in which it is located. 5. the Board determined that desirable relief may be granted without derogating from the intent or 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 May 24, 1995 to grant a Variance of 4.6 feet in the front to allow a front yard setback of 35.4 feet and a Variance of 3 feet to allow a side line setback of 12 feet. The Permit is referenced by plans of Cape and Islands Engineering revised May 10, 1995.