10/25/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals John D. and Carol A. Crowley - V-95-63 2. Findings: A. General 1. the subject property is located at 108 Uncle Percy's Road and consists of 6,500 square feet at the comer of Nick Trail. 2. the immediate neighborhood consists of single family homes of similar size. Many of the homes in the area have been improved with decks and sheds. 3. the lot was formed in a 1940 subdivision which was created before zoning in the Town of Mashpee. The earliest zoning on the lot was in 1959 which allowed for a 20 foot front setback and 7.5 foot side and rear setbacks. 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 size of the lot and the location on a corner create a hardship in the use of the land which affects this lot and not the zoning district in which it is located. 2. the proposed location of the deck is consistent with many neighboring properties as well as the addition of a shed to the property. 3. 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. 4. the proposed lot coverage of 24% is similar to that of many properties in the area. 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 7.5 feet on the north east side to allow for a 12.5 foot setback from Nick Trail and to allow for lot coverage of 24%. The Variance is referenced by plans of Cape and Islands Engineering dated October 2, 1995.