10/25/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals George K. and Christine G. Asdourian - V-95-61 2. Findings: A. General s� O- 1. the subject property is located at 62 Tide Run and contains 13,225 square feet. 2. the subject property is located in Little Neck Bay subdivision approved for cluster zoning in 1974. The zoning permitted setbacks of 30 feet in front, 15 feet on each side and 20 feet in the rear. 3. the immediate neighborhood consists of single family homes of similar size. Many of the homes in the subdivision have been improved with pools and cabanas. 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 extensive front driveway area and the angled location of the house on the lot create a hardship in the use of the land preventing alternative sites for a pool. 2. the proposed location of the pool is consistent with many in the area The rear of the lot borders on a 1.8 acre of reserve land which would be a buffer to abutting properties. 3. the shape and topography affect this lot and not the zoning district in which it is located. 4. the Board determined 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 25, 1995 to grant a Variance of 13 feet in the rear setback and allow a setback of 7 feet, a Variance of 6.7 feet on the right setback to allow for a setback of 8.3 feet and an increase in lot coverage of .8%to allow 20.8%. .This Decision is referenced by plans of Stephen I Doyle dated May 16, 1995 for the location of pool and pool shed only. The plans include an encroachment of the driveway on the adjoining lot which is not within the Board's jurisdiction.