12/10/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals John and Ann Kelleher 3 V-08-50 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. SPECIFIC FINDINGS The Board determined that: 1. the shape and topography affect the subject property and not the district in which it is located. 2. the subject property fronts on a river and is impacted by wetlands. 3. without relief the property could not be used for a residence, the purpose for which it had been laid out and for which the balance of the undersized parcels in the subdivision were being used. 4. the property has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on January 14, 2009 to grant a 34-foot Variance to the wetlands conditioned on compliance with plans from Russell Wheately Co., of Abington, MA dated December 15, 2008 and revised January 14, 2009.