12/13/2000 ZONING BOARD OF APPEALS Decisions

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'1 R Mashpee Zoning David J. Berkland V-00-218 2 iK Board of Appeals to the subject property. The Petitioner has agreed to significantly remove the proposed location of the building on the site away from Ms. Shaw's lot line. r„x No other comments were received from abutters. :=; 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. GENERAL FINDINGS 1. that the subject lot is located at 52 Deerfield Road and consists of 14,401 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District;therefore relief may be granted without derogating from the intent or purpose of the By-laws. 2. due to the Town's error,the subject lot was considered buildable without a Special Permit. 3. the subject lot exceeds the minimum lot size of 10,000 square feet required in a cluster subdivision developed in the 1970's. 4. the Petitioner is custodian of his mother and is seeking a Variance in order to sell the adjacent lot and provide for his mother's care;therefore,the Petitioner s would suffer significant financial hardship if relief is not granted. 5. the proposal does not need any Variances from the setback requirements. 6. the subject lot is consistent with.other lot sizes in the neighborhood;therefore, granting Variance relief would not result in a detriment to the neighborhood. 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 made and seconded,the Zoning Board of Appeals voted unanimously on January 24, 2001 to grant a Variance of 599 square feet from the land space requirements. The Variance is subject to the following: 1. that the Petitioner shall obtain an easement(minimum of 6x6 feet) across Map 3 Parcel 32 on the Assessor's map to allow for access to the open space. 2. upon compliance with Cape&Islands Engineering plan entitled"Proposed Site Plan Located in Mashpee,Mass.,Prepared for David Berkland, Date: Jan. 8, 2001,File 105MA Deerfield Rd.".