08/08/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Willowbend Development Corporation 3 Board of Appeals V-01-84-12 8 Teal Circle 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 8 Teal Circle and consists of 25,946 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent or purpose of the By-laws. 5. 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. 6. 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. 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 August 22, 2001 to: 1. grant Variance relief of 14,054 square feet from the lot size requirements on Lot 20, 8 Teal Circle, V-0I-84-12. 2. continue the remaining above-referenced Petitions until the September 12, 2001 Public Hearings. i i i