09/14/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Willowbend Country Club, Inc. Board of Appeals V-05-108 (15 Herring Gull Road) 2 further reduced by a 423 square foot utility easement leaving a net square footage of 2 square in the R-3 zon ing district of town. The are look ing for an 18 3 9 21,671 to build g y g q foot variance so the lot may be buildable. The Board discusses the fact that they will not entertain any further variances for setback relief or lot coverage if this is granted. With the completion of the new nine hole golf course, a portion of this lot has been converted to golf course open space and is permanently restricted by a conservation restriction. As such Willowbend has decided to eliminate the access road which is the reason they need the landspace variance. The Board reviews the plans and feels this would be acceptable given the fact that they realize no further variances will be granted. Attorney McElh inney understands this restriction. Frederick Borgeson makes a motion to grant an 18,329 square foot variance. Zella Elizenberry seconds the motion. A roll call vote is taken and all sitting members vote unanimously to approve the variance with the stipulation that no further variances will be granted on this lot. GENERAL FINDINGS 1. that the subject lot is located at 15 Herring Gull Road and contains 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: I. 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.