01/23/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Paul L. & Kristen C. Hanlon V-02-19 2 Board of Appeals 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 51 Popponesset Island Road and consists of 15,279 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the unusual shape and sloping topography affect the subject lot and not the district strict in which it is located. 2. the shape and topography of the subject property restrict the location of the proposed dwelling and septic system, therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. I' 3. the proposed construction would be farther away from the wetlands than the existing dwelling; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 4. installation of a new denitrification septic system would be an improvement to the subject property; therefore, relief may be granted without detriment to the public good. 5. 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 the subdivision were being used. 6. that the lot has been maintained as a separate buildable dable lot on the Assessors Records and is subject to betterments from the Water District. 7. the Petitioner met the criteria 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 January 23, 2002 to grant the following on the subject property: 1. a Variance of 9 feet from the setback requirements to water and wetlands. 2. a Variance of.4% from the lot coverage requirements. The Variance is conditioned upon compliance with plans of Cape &Islands Engineering entitled `House Demolition&Reconstruction Proposed Sewage Disposal p g System Prepared for Paul Hanlon, Hse. No. 51 Popponesset Island Rd., Mashpee, Mass., Date: Dec. 4, 2001, Revision: 12/11/01, 12/14/01, 1/08/02'. l