5/28/2003 ZONING BOARD OF APPEALS Minutes

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x r Mashpee Zoning Michael and Maria Martone 2 Board ofAppeals V-03-80 t the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. GENERAL FINDINGS 1. that the subject property is located at 163 Captains Row and contains 10,400 square feet. SPECIFIC FINDINGS The Board determined that: 1. the subject property is impacted by wetlands and the circumstances relating t the shape and topography affect the subject lot and not the district in which it is located. 2. without relief the lot could not be used for a residence, the purpose for which it had been laid out and for which the balance ofthe undersized lots in the subdivision were being used; therefore, a literal enforcement of theBy-laws would involve hardship to the Petitioner. . the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, relief may e granted without derogating from the intent or purpose of theBy-laws. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a 4.9 foot Variance in the side yard and a 6.7 foot variance in the front yard. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on May 28, 2003. The Variance is conditioned upon compliance with Cape & Islands Engineering purr entitled: Plot Plan slated Marc 251 2003 as prepared for Michael Martone.