02/23/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Jeffrey R. & Sheila A. Eydenberg V-00-28 2 Board of Appeals one-floor dwelling. Mrs. Kent and her son had no objection to the project. No other comments were received from abutters. GENERAL FINDINGS 1. that the subject property is located at 43 Kim Path and consists of 6,650 square feet. 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 i not the district in which it is located and that - aliteral enforcement of the By-laws would involve hardship to the petitioner. SPECIFIC FINDINGS 1. that relief may be granted without detriment to thepublic good. 2. that relief may be granted without derogating from the intent or purpose of the j By-laws. 3. that there are circumstances relating to the shape and topography that affect II this lot and not the district in which it is located. 4. that a literal enforcement of the By-laws would involve hardship to the Petitioner. i I 5. that the Board determined that without relief the lot could not be used fora h 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 installation of new septic system would be an improvement to the property- l 8. that the lot coverage would decrease by 1.2%with the proposal. }i In view of the foregoing,the Mashpee Zoning Board of Appeals found that the i 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 February 23, 2000 to grant a Variance of eleven (11) feet from the setback requirements on the easterly sideline. The Variance is conditioned upon compliance with Cape &Islands Engineering Plan entitled"Additions & Septic Upgrade, Proposed Sewage Disposal System Prepared j for Jeffrey Eydenberg, Hse.No. 43 Kim Path, Mashpee, Mass., Date Nov. 10, 1999, Plan No. S 111099".