10/11/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Chilton Development, Inc. V-00-187 2 Board of Appeals 132 Waterway VARIANCE CRITERIA I � 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 11 not the district in which it is located and that a literal enforcement of the By- laws would � : t involve hardship to the petitioner. SPECIFIC FINDINGS is I , 1. that there are circumstances relating to the shape and topography that affect i 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 k Petitioner. 3. that relief may be granted without detriment to the public good. I 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. f 6. that the Board determined that without relief the lot could not be used for a residence, theose for which it had been laid out pmP and for which the L 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 j Records and is subject to betterments from the Water District. r lit In view of the foregoing, the Mashpee Zoning Board of Appeals found that the j or the granting of a Variance. Upon motion duly Petitioner met the criteria necessary f made and seconded,the Zoning Board of Appeals voted unanimously on October 11, 2000 to grant a Variance of 50 feet from the setback requirements to the water and wetlands. The Variance is conditioned upon compliance with The Phoenix Group plan entitled"Proposed Residence, 132 Waterway, New Seabury, MA., Map 105Block 233, Project No.: 3 922 1, Date: 14 July 2000, Revised: 8/16/00, 9/12/00, 9/14/00, 9/28/00". I .