08/09/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Ralph J. &Doris M. Crichton V-00-148 2 Board of Appeals I The Board assured Mr. Krizansky that any modification, expansion or alteration to the subject property would require approval from the Zoning Board of Appeals. Mr. Govoni further stated that the dwelling predates zoningby-laws b Y Y many years and is � protected under"grandfathering". GENERAL FINDINGS 1. that the subject property is located at 1 11 Shore Drive and consists of 6,000 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 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 there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent or purpose of the By-laws. 5. that the subject property is impacted by wetlands. 6. 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. 7. 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. 8. that the Board has granted a Special Permit allowing the owner of the property to continue to use the home as a two-family residence. 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 August 9, 2000 to grant the following Variances to allow for construction of the proposed decks: 1. 1 foot from the front setback requirements. 2. 2 feet from the setback requirements on the southerly side of the lot. 3. 9 feet from the setback requirements on the northerly side of the lot. The Variance is conditioned upon compliance with the following: 1. Cape & Islands Engineering plan entitled"Plot Plan of Land Located in Mashpee—Mass., Prepared for Ralph Crichton, Date: June 23, 2000". 2. installation of a heat detector system transmitting to a U.L. Listed Central receiving station in the two-family residence at 111 Shore Drive. i