03/27/2002 ZONING BOARD OF APPEALS Decisions

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f Mashpee Zoning John& Lillian Chilingerian V-02-41 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. I ; I GENERAL FINDINGS 1. that the subject property is located at 77 Horseshoe Bend Way and contains 15,939 square feet of land. II j SPECIFIC FINDINGS The Board determined that: j 1. the unpaved road affects the topography of-this lot and not the district in which it is located. 2. the subject property is similar in size to several lots on Horseshoe Bend Way, which have already been developed with single-family homes. 3. Fire Department apparatus and other emergency vehicles can gain access to Horseshoe Bend Way; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. i!I 4. Horseshoe Bend Way is accessible to vehicular traffic and is typical of many unpaved roads in the Town of Mashpee. !Ili j I I' 5. the lot has been maintained as a separate buildable lot on the Assessor's j Records and is subject to betterments from the Water District; therefore, a j literal enforcement of the By-laws would involve hardship to the Petitioner. 6. The Petitioner met the criteria necessary for granting of a Special Permit. ii 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 March 27, 2002 � I I lily to grant a Variance to allow for construction on a new home on the subject unpaved road. The Variance is conditioned upon compliance with Advanced Technology Solutions plan entitled `Sewage System Design for John& Lillian Chilingerian, 115 Kingston Rd. " Waltham, MA, 02154, on 77 Horseshoe Bend Rd., Map 40 Pc 8-0-R, Mashpee, MA, u Date: 12-10-01, Rev: 2-12-02'. The Petitioner mustost a Performance Security, which �I� HIf �I amount shall be determined by the Building Commissioner, for the before and aer care of Horseshoe Bend Way to guarantee that the road is restored to its prior condition before construction commenced at 77 Horseshoe Bend Way. I li' i ,I