11/22/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Franklyn B. &Audrey M. Jackson, Jr. V-00-192 2 Board of Appeals 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 a literal enforcement of the By-laws would involve hardship to the petitioner. I �f GENERAL FINDINGS 1. that the subject property is located at 92 Orchard Road and consists of 1.0 acre of land. SPECIFIC FINDINGS The Board determined that: II i 1. the existing cottage must be demolished to allow for construction of a new home on the subject property and that a literal enforcement of the By-laws ;; F would involve hardship to the Petitioner. 2. a Special Permit can be granted to allow for demolition of the existing cottage �! on the subject property. 3. construction of a new home would be an improvement to the neighborhood i;ill I and to the subject property and that relief may be granted without detriment to the public good. 4. the Petitioner has owned the existing lot for over 40 years and that relief may iiH ! I' I I, be granted without derogating from the intent or purpose of the By-laws. j 5. the lot has been maintained as a separate buildable lot on the Assessor's i! ! Records and is subject to betterments from the Water District. I In view of the foregoing, the Mashpee Zoning Board of Appeals found that theI Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly !( I �I made and seconded, the Zoning Board of Appeals voted unanimously on November 22, 2000 to grant a Variance of 35,800 square feet from the lot size requirements. The �I Variance is conditioned upon compliance with Stephen P. Doyle and Associates' plan entitled"Site Plan of Land in Mashpee, Massachusetts, Depicting the Existing& ! Proposed Conditions at#92 Orchard Road, Date: September 17, 2000". !