07/26/1995 ZONING BOARD OF APPEALS Decisions

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i Board of Appeals Joseph P. and Jennifer H. Martin V-95-51 2. Findings: A. General 1. the subject property is located at 122 Red Brook Road and consists of 5.47 acres. 2. the property is in the R-3 zoning district which requires a minimum lot size of 40,000 square feet 3. the immediate neighborhood consists on single family homes. 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 Petitioner. C. Specific Findings 1. the topography of the lot includes a low area which prevents the placement of the barn in another location and creates a hardship in the use of the land. 2. there is adequate land area for the proposed residential and agricultural use of the property. 3. the shape and topography affect this lot and not the zoning district in which it is located. 4. the proposed location of the barn exceeds the sideline setback requirements of the By-laws. 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 July 26, 1995 to grant a Variance of 63' on the south side of the property and allow for a rear setback of 87'. The Variance is referenced by plans of Cape & Islands Engineering revised June 9, 1995.