11/22/2000 ZONING BOARD OF APPEALS Decisions

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L._._.`.._...Fl -----.----.._.._____-- Mashpee Zoning Roy M. Ricci V-00-197 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 not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. I, GENERAL FINDINGS j 1. that the subject lot is located at 21 Pequot Road and consists of 17,230 square feet. SPECIFIC FINDINGS The Board determined that: 1. location of the home on the lot dictates the location of the proposed addition and that a literal enforcement of the side setback requirements would involve hardship to the Petitioner. r, 2. request for relief from the By-laws is only 6 1/2 feet and may be y granted without detriment to the public good and without derogating from the intent I'I or purpose of the By-laws. 3. 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. i i i In view of the foregoing, the Mashpee Zoning Board of Appeals found that the j 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 November 22, 2000 to grant the following: 1. a Variance of 6 %2 feet from the side setback requirements to allow for construction of additions to the home. 2. a Variance of 7.3 feet from the side setback requirements to allow for the pre-existing, non-conforming shed. i The Variance is conditioned upon compliance with Yankee Survey Consultants' plan entitled"Plot Plan of Land Located in Mashpee, Mass., Prepared for Roy Ricci, March 30, 2000, Revised: October 16, 2000".