03/28/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Robert Wilkinson 2 V-07-29 addresses the property in question in a letter dated March 30, 2007 and feels a paved road is not required. The applicant is having the road name changed to Lori Lane as soon as the paper work goes through the Clerk's office. A letter from Charles Rowley, Planning Board's consulting engineer, addresses the other concerns the ZBA had. Again, an abutter, Carleton Meredith expresses his concern against the project and wants the Board to deny the variance request. The Board reviews all the plans and feels the variance is something they have granted in the past. All the documents that the Board has asked have been produced. The Board is most appreciative of the time and work Mr. Barry has put into this request. Jonathan Furbush makes a motion to grant the variances. Zella Elizenberry seconds the motion. All agree. So moved. GENERAL FINDINGS 1. that the subject lot is located at 90 Pequot Avenue and contains 16,499 square feet. 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. that there are circumstances relating to the shape and topography that affect the subject lot and.not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent or purpose of the By-laws. 5. that the subject property is impacted by wetlands. 6. that the Board determined that 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 of the undersized lots in the subdivision were being used.