11/08/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Donald F. and Ronni P. Baron - V-95-64 2. FINDINGS: a. General: 1. the subject property is located at 22 Driftwood Circle (Map 125, Block 190) and consists of 17,434 square feet in the Little Neck Bay cluster subdivision. 2. the immediate neighborhood consists of single family homes many of which have been improved with pools and cabanas. 3. the proposed additions to the property will result in 20% lot coverage which is allowed under the Zoning By-laws. 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. C. Specific Findings: 1. most of the zoning in this area is subject to the setback requirement of an R-3 district which requires a 15' rear setback and the proposed additions to this property conform to this. The cluster requirement of 20' creates a hardship in D' the use of the land. 6 2. the shape and topography of the lot and the location of the dwelling on the lot prevent the placement of the pool and cabana in any other location. 3. the location of the dwelling 60' from the street limits the use of the land and exceeds the front setback requirement of 30'. 4. the proposed use is not any more detrimental to the neighborhood than the existing use. 5. the shape and topography affect this lot and not the zoning district in which it is located. 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 November 8, 1995 to grant a Variance of 4'6"in the rear setback for the pool and 2' in the rear setback for the cabana.. The Variance is referenced by plans of Mary LeBlanc dated September 25, 1995.