04/14/2004 ZONING BOARD OF APPEALS Minutes

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2 Mashpee Zoning Board of Appeals Dry Harbor Enterprises Owner: Shirley Anne Ford V-04-57 zoning requirement of 40,000 square feet, therefore necessitating an 11,059 square foot landspace variance to deem this lot buildable. Mr. Kirrane is aware of the unresolved issues with the Fire Department but felt he could move forward with the request of the variance since the other matter is under the jurisdiction of the pending Special Perinit application. The Board had some discussion regarding the Fire Department's comments requesting that they not act on this platter at present, however,they feel that is a separate matter and the granting of the requested variance would only be in reference to the buildability of the land. Marshall Brem moves to grant an 11,059 square foot landspace variance. 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 14 Wags Road and contains 50,929 square feet. SPECIFIC FINDINGS The Board determined that: 1. the subject property is impacted by wetlands and the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. 2. 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 th e subdivision were being used;therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. p