5/28/2003 ZONING BOARD OF APPEALS Minutes

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i f lash ee Zoning Peter A. & Gretchen Maglione V-03-81 2 Board of Appeals 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 theBy-laws would involve hardship to the petitioner. GENERAL FINDINGS 1. that the subject property is located at 30 Ockway Bay Toad and consists o 3.89 acres. SPECIFIC FINDINGS The Board determined that: 1. the lot has been maintained as a separate Buildable lot on the Assessor' Records and is subject to betterments from the Water District; therefore, relief may be granted without derogating from the intent or purpose of theBy-laws. 2. the proposal would be an improvement to the neighborhood; therefore, relief may be granted without detriment to the public good. In view of the foregoing, the ilahpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a variance. Upon motion duly made andseconded!, the Zoning Board of Appeals voted unanimously on May 28, 2003 t grant a variance of 15 feet from the distance to wetlands requirements. The variance i conditioned upon compliance with Cape & Islands Engineering plan entitled: "Plot Plan of Land Located in Ma hpee, Mass., Prepared for Peter 1 aglione, Date: March 22, 2003, revised March 25, 2003, revised March 30, 2003, revised April 1, 2003, revised April 15, 2003 and revised May 1, 2003. File No. 261 SIA.