04/11/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Priscilla J. Stolba V-0 1-43 2 Board of Appeals I GENERAL FINDINGS 1. that the subject property is located at 37 Cappawack Road and consists of 15,625 square feet. 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 lotand not the district in which it is located and that a literal enforcement of the By-laws would I! involve hardship to the petitioner. SPECIFIC FINDINGS The Board determined that: i I , 1. the subject property is impacted by wetlands; therefore a literal enforcement of the By-laws would involve hardship to the Petitioner. i 2. 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. j 3. the sloping topography affect the subject lot and not the district in which it is it located. j 4. 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. 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 April 11,2001 to ' I grant a Variance of 10 feet from the front setback requirements. The Variance is conditioned upon compliance with Cape &Islands Engineering Plan entitled"Single- Family SingleFamily Residence &Proposed Sewage Disposal System, Prepared for Priscilla J. Stolba, I I' Hse.No. 37 Cappawack Road,Mashpee—Mass.,Plan No. S 110299, Date:Nov 2, 1999, Revised: 12/17/99, 10/4/00, 10/12/00". � I I I' i ��II Ii