04/24/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Board of Appeals & Islands Engineering, dated October 25, 1999, Plan No. S 102599,revised I' November 4, 1999, revised August 1, 2002 and revised August 6, 2002 with notation no. 9 which states "living space on first and second floor shall contain no more than 2,500 square feet." GENERAL FINDINGS: 11 The subject property is located at 184 Waterway and consists of l13,800 square i feet of land. ! � I VARIANCE CRITERIA ! Section 10 of Chapter 40A requires that the permit granting authority must determine the following: 1. that there are circumstances relating to the shape and topography that affect the subject property and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the !�' Petitioner. 3. that relief may be granted without detriment to the public good. , i 4. that relief may be granted without derogating from the intent or purpose of the By-laws. ! I SPECIFIC FINDINGS i The Board determined that: i ' 1. the circumstances relating to the unusual shape and sloping topography affect the subject property and not the district in which it is located I I � 2. the shape and topography of the subject property limit placement of the proposed dwelling and septic system, therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the proposed construction would be farther away from the wetlands than the j existing dwelling; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. I j Ij 4. without relief the subject property could not be used for a residence, the purpose I for which it had been laid out and for which the balance of the undersized parcels in the subdivision were being used. I , 5. that the property has been maintained as a separate buildable lot on the Assessor's j Records and is subject to betterments from the Water District. ! i i �i'il I�IIi is 6