11/09/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning John Halbert, III 2 Board of Appeals V-05-123 under the 20%maximum. The Board feels that they can average the distance of the homes in the immediate area and find Mr. Halbert to be even further back than those houses. After some further discussion, the Board moves to grant a 32.3-foot variance to Waterway and a 5.8-foot variance on the southerly side. 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. GENERAL FINDINGS 1. that the subject property is located at 25 Waterway and contains 11,668 square feet. SPECIFIC CRITERIA The Board determined that: 1. the subject property has an unusual shape and therefore the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. 2. the size of the lot is consistent with the size of other developed lots in the neighborhood;therefore, relief may be granted without detriment to the public good. 3. The average setback of surrounding houses make this variance appropriate to grant. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on November 9, 2005 to grant a 32.3 foot variance to Waterway and a 5.8 foot variance on the southerly side. Reference plans from Christopher Costa&Associates, Inc., dated October 17, 2005 as prepared for John R. Halbert, III.