01/26/2000 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Robert A. Silva V-00-35 2 Board of Appeals GENERAL FINDINGS i 1. that the subject lot is located at 86 Horseshoe Bend Way and consists of 12,430 square feet. VARIANCE CRITERIA Section 10 of Chapter 40A requires that theermit p 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. SPECIFIC FINDINGS 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 a literal enforcement of the By-laws would involve hardship to the petitioner. 4. 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. 5. 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. 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 26, 2000 to grant a Variance to allow for construction of a single-family dwelling on an unpaved road on property located at 86 Horseshoe Bend Way. The Variance is conditioned upon compliance with Advanced Tech. Solutions Plan entitled"Proposed Site Plan for Professional Building System, 319 Centre Ave., Rockland, MA 02370, on 78 Horseshoe Bend Way, Assessor's Map 40 Pc. 13, Mashpee, MA 02649, Date: 11-27-99, DWG. 11279 P-4, Rev. 1/4/00". i i. �i jl I