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Mashpee Zoning Per. A. &Asa G. Eldh V-01-40 2 <br /> Board of Appeals <br /> I. <br /> The Conservation Commission and the Board of Health have approved the <br /> proposal. <br /> No comments were received from abutters. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br /> GENERAL FINDINGS I�' <br /> 1. that the subject property is located at 172 Daniel's Island Road and consists of <br /> 17,680 square feet of land. <br /> i <br /> SPECIFIC FINDINGS <br /> The Board determined that: I <br /> 1. the subject property is impacted by wetlands and the circumstances relating to <br /> the shape and topography affect the subject lot and not the district in which it { <br /> is located. <br /> 2. without relief the lot could not be used for a residence,the purpose for which <br /> it had been laid out and for which the balance of the undersized lots in the j !1 <br /> subdivision were being used;therefore, a literal enforcement of the By-laws <br /> would involve hardship to the Petitioner. <br /> 3. the lot has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Water District; therefore, relief ; f <br /> may be granted without derogating from the intent or purpose of the By-laws. <br /> I <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly <br /> made and seconded,the Zoning Board of Appeals voted unanimously on June 13, 2001 to <br /> i <br /> grant a Variance of 19% from the lot coverage requirements and a Variance of 43 feet <br /> bum <br /> from the setback requirements to water and wetlands. The Variance is conditioned upon i <br /> compliance with Cape &Islands Engineering plan entitled: "Proposed Project: Addition <br /> &Garage, Micro-Fast Septic System, Driveway,Proposed Site Plan Located in Mashpee, <br /> Mass.,Prepared for Dr. Per Eldh,Date: Mar. 6, 2001,Revd: Apr. 17, 2001,Apr.18,2001, <br /> May 1, 2001". <br /> i I <br />