11/22/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Donald Ellis V-00-207 3 Board of Appeals the registry with betterments on the lot when the Town accepted the road as a public way in 1985. The Water Department letter states that "all the lots were assessed equally, and that this property will receive improvement, benefit and advantage"... Ms. Larson said that she had done research on the Audubon Society's acquisition of the subject lot and said she is very opposed to the project. Ms. Shaw also repeated her opposition to the proposal. 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. Y GENERAL FINDINGS 1. that the subject lot is located at 78 Deerfield Road and consists of 13,524 square feet. SPECIFIC FINDINGS The Board determined that: 1. subdivision plan of record contains a notation that only Lot 15 is unbuildable. 2. reference to Lots 40 and 41 as being open space does not affect the subject lot. 3. four lots in the subdivision with less than 60 feet of frontage each have houses on them. 4. 11 lots in the subdivision have less than 15,000 square feet. 5. thero osal meets front P P rear and side setback requirements. 6. the front line of the proposed building would be more than 75 feet from one property line to the other. 7. 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. 8. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District. In view of the foregoing,the Mashpee Zoning Board of Appeals found that a literal enforcement of the By-laws would involve hardship to the Petitioner and 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 January 10, 2001 to grant a Variance of 5 feet from the frontage requirements. The Variance is conditioned upon compliance with plan signed by DEP Certified Soil Evaluator Christopher Costa and entitled: "Proposed Dwelling Location,Proposed Sewage System Location, Lot 30 Deerfield Road, House#78,Mashpee,Mass.,Date: 1015100". I