Laserfiche WebLink
Mashpee Zoning <br /> Board of Appeals Malcolm J. Portnoy <br /> 2 V-03-104 <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the subject property fronts on a river and is impacted by wetlands. <br /> 2. without relief the property could not be used for a residence, the purpose for <br /> which it had been laid out and for which the balance of the undersized parcels <br /> in the subdivision were being used. <br /> 3. the property has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Water District. <br /> • In view of the foregoing, the Mashpee Zoning Board of Appeals found that the ' <br /> applicant met the criteria necessary for the granting of a Variance. Upon motion duly <br /> made and seconded, the Zoning Board of Appeals voted unanimously on October 8, 2003 <br /> to grant a 12-foot Variance from the wetlands requirement setback. This Variance is <br /> conditioned upon plans from Cape &Islands Engineering, dated July 14, 2003, File No. <br /> 122MA, as prepared for Malcolm Portnoy, and building plans drawn by Bruce A. <br /> Peterson, dated July 28, 2003. <br /> • <br />