04/24/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Jason E. Stone V-02-54 2 Board of Appeals VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting au thority must determine the following: 1. that there are circumstances relating to the soil conditions shape or topography h which affect the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve substantial hardship to U the Petitioner. 3. that desirable 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 GENERAL FINDINGS 1. that the subject property is located at 156 Waterway and consists of 18,975 square feet of land. SPECIFIC FINDINGS � SII The Board determined that: j 1. the circumstances relating to the unusual shape and sloping topography affect the subject lot and not the district in which it is located. 2. the subject property is impacted by wetlands, which limits placement of the proposed dwelling and septic system, therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. I , 3. 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. 4. the subject property had been created to be used for a residence, the purpose ! i for which it had been laid out and for which the balance of the undersized lots in the subdivision were being used; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 5. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District. 6. the Petitioner meets the criteria for grant of a Special Permit and a Special j Permit to allow for demolition of the existing dwelling on the subject property has been granted. r 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 April 24, 2002 to grant a Variance of 7.2 feet from the setback requirements to water and wetlands. The j Variance is conditioned upon compliance with The Phoenix Group plan entitled `General Site Plan, Stone Residence, 156 Waterway, New Seabury, MA, Project No.: 40223, Date: 1 Nov 2001, General Revisions 3/12/02, 4/10/02'. I I I I;; I I , 'I