04/12/2000 ZONING BOARD OF APPEALS Decisions

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i Mashpee Zoning Michael P. Vining, et al Trustee Board of Appeals V-00-100 2 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. 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 the shape and topography affect the subject lots and not the zoning district in which they are located. 4. that the subject properties front on a pond and are impacted by wetlands. 5. that removal of the existing cesspool and upgrade to a new Title V septic system with a denitrification unit would be an improvement to the properties. 6. that there are large homes of a similar nature in the neighborhood. 7. that the proposed lot coverage is only 10%. 8. that the Board granted a Variance to the subject properties in 1998. 1 In view of the foregoing,the Mashpee 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 April 12, 2000 to grant a Variance of 13 feet from the front setback requirements. The Variance is conditioned upon compliance with the following: 1. Cape & Islands Engineering plan entitled"Proposed Addition Site Plan Located in Mashpee—Mass., Prepared for Michael Vining,Plan No. 100598, Date: October 5, 1998,Revised Oct. 29, 1998". 2. installation of a new Title V septic system with a denitrification unit. 3. that current taxes on the subject properties are paid up to date. 4. that lots 13 and 14 as shown on Cape &Islands Plan#100598 shall be combined into one lot. 5. that lots 13 and 14 shall be registered under the same ownership. 6. that the existing driveway shall be maintained. I i