01/12/2000 ZONING BOARD OF APPEALS Decision

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Mashpee Zoning Little Neck Realty Trust V-00-17 2 Board of Appeals GENERAL FINDINGS 1. the subject property is located at 44 Little Neck Lane and consists of 9,300 square feet fronting on Annis Cove. 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. 1. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. that the shape and topography affect the subject lot and not the district in which it is located. 4. that the subject property fronts on Annis Cove and is impacted by wetlands. 5. that the Board determined that 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 lot on the Assessor's Records and is subject to betterments from the Water District. I 7. that the Board has granted a Special Permit for construction of a pier, ramp and float on the subject property. I ' In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant 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 12, 2000 to grant a Variance of 13.5 feet from the setback requirements from the water and wetlands. The Variance is conditioned upon compliance with Cape &Islands Engineering Plan entitled"Proposed Site Plan, Located in Mashpee—Mass., Prepared for Little Neck Realty Trust, Plan No. 052099, Date: May 20, 1999".