05/09/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning 2 Board of Appeals John J. & Carole M. Collins V-01-58 GENERAL FINDINGS 1. that the subject property is located at 101 Meadowbrook Road and consists of 18,229 square feet. SPECIFIC FINDINGS That Board determined that: 1. the circumstances relating to the shape and sloping topography and encroachment of wetland resource areas on the site affect the subject lot and not the district in which it is located; without relief the subject parcels would be unbuildable. 2. because of the wetlands setback requirement and the fact that the proposed i construction has been reduced by 232 square feet in order to resolve the Conservation Commission issues, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. because the Petitioner is requesting relief of only 5 feet from the side setback requirements and 5 feet from the front setback requirements,relief may be granted without substantially derogating from the intent or purpose of the By-laws. 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 i subdivision were being used. I In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on May 9, 2001 to grant a Variance of five feet from the side setback requirements and a Variance of 5 feet from the front setback requirements. The Variance is conditioned upon compliance with Cape & Islands Engineering entitled "Single Family Residence & Proposed Sewage Disposal System Prepared for John Collins, Hse.101 Meadowbrook Road, Mashpee, Mass.,Plan No. S111599, Date:Nov. 15, 1999,Revised: 01/26/00, 02/07/00, 3/17/00". i