11/12/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Robert and Colette Urenas Board of Appeals V-03-146 GENERAL FINDINGS 1. that the subject property is located at 8 Fairneny Way and contains 11,000 square feet. SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the unusual shape and sloping topography affect the subject property and not the district in which it is located; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the subject property is impacted by wetlands; therefore, without relief the property could not be used for a residence,the purpose for which it had been laid out and for which the balance of the undersized parcels in the subdivision were being used. 3. installation of a new septic system is an improvement to the subject property; therefore, relief may be granted without detriment to the public good. 4. the property 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 substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By- law. 5. The Petitioner has met the criteria necessary for grant of a Special Permit to allow for demolition of the existing dwelling on the subject property. 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 12, 2003 to grant a 12-foot variance for the front yard setback. The Variance is conditioned upon compliance with plans from BSS Engineering dated October 14, 2003,job number 3171. •