12/13/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Calico Real Estate Limited Partnership V-00-219 2 Board of Appeals The Board voted unanimously to continue the Petition until January 24, 2001 to allow the Petitioner an opportunity to submit revised plans. At the continued hearings on January 24, 2001, Mr. John Slavinsky of Cape & Islands Engineering represented the Petition and stated that the previously proposed large deck has been reduced in size. The Conservation Commission has approved the project. 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 property is located at 81 Nick Trail and consists of 7,364 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the narrow shape and topography affect the subject lot and not the district in which it is located. 2. the subject property is impacted by wetlands. 3. the Board determined that 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;therefore, a literal enforcement of the By-laws would involve hardship to the petitioner. 4. 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;therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 5. to grant a Special Permit to allow for demolition of the existing structure on the subject property. 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 Y made and seconded,the Zoning Board of Appeals voted unanimously on January 24, 2001 to grant the following: 1. a Variance of 1 foot from the setback requirements on the northerly side of the lot. 2. a Variance of 2 feet from the rear setback requirements. 3. a Variance of 29 feet to the dunes. '``" 4. a Variance of 4.5% from the lot coverage requirements. The Variance is conditioned upon compliance with Cape & Islands Engineering plan entitled"House Reconstruction, Proposed Sewage Disposal System, Prepared for Calico Real Estate L.P.,Hse.No. 81 Nick Trail, Mashpee—Mass., Plan No. S 103000, Date: Oct. 30, 2000, Rev.: 11/14/00, 11/22/00, 11/27/00, 01/08/01". ,