09/14/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Willowbend Country Club,Inc. Board of Appeals V-05-109 (69 Shoestring Bay Road) 2 condominium as an additional building lot. (Willowbend at Shoestring Bay Condominium) The new reconfigured lot contains 48,674 square feet, well in excess of the 40,000 square foot minimum required for the R-3 zoning district. However,this lot contains wetlands and easements totaling 3,875 square feet reducing the overall eligible lot area to 36,419 square feet. The unusual configuration of the lot combined with the wetlands and easements create a building hardship thus the request for a variance. The creation of the additional golf course has reduced the overall number of homes fronting on Herring Gull Road so relief can be granted without derogating from the intent of the by-law and without substantial detriment to the public good. Therefore, a variance of 3,581 square feet would be requested in order to attain the necessary 40,000 square feet. The Board reviews the plans and Mr. McElhinney refers the Board to the building envelope for the proposed house. The Board informs Mr. McElhinney that there will be no further variances given if this is granted. They must maintain the setback requirements and the 20% lot coverage requirements The Board moves to grant a 3,581 square foot landspace variance. GENERAL FINDINGS 1. that the subject lot is located at 69 Shoestring Bay Road and contains 36,419 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.