10/11/2000 ZONING BOARD OF APPEALS Decisions

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Masi Zoning Chilton Development V-00-186 2 Board of Appeals 128 Waterway VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine r 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 it 1. that there are circumstances relating to the shape and topography that affect i Ij the subject lot and not the district in which it is located. i 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. I 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 Ir By-laws. i 5. that the subject property is impacted by wetlands. 6. that the Board determined that without relief the lot could not be used fora s �I 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 L Records and is subject to betterments from the Water District. 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 III made and seconded,the Zoning Board of Appeals voted unanimously on October 11, i h 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, 128 Waterway, New Seabury, MA., Map 105Block 232, Project No.: 39221, Date: 13 July 2000, Revised: 8/15/00, 9/12/00, 9/14/00, 9/28/00". it