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Mashpee Zoning Carol A. Taylor V-01-91 2 <br /> Board of Appeals <br /> I 'I <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 /> I'!I <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 112 Waterway and consists of 15,370 <br /> square feet of land. 'I <br /> SPECIFIC FINDINGS <br /> I <br /> Th:, Board determined that: <br /> 1. the circumstances relating to the shape and topography affect the subject lot Iil1 i <br /> and not the district in which it is located. <br /> ki <br /> 2. a literal enforcement of the By-laws would involve hardship to the Petitioner. <br /> 3. relief may be granted without detriment to the public good. <br /> 4. relief may be granted without derogating from the intent or purpose of the <br /> By-laws. <br /> 5. the subject property is impacted by wetlands. <br /> 6. 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 <br /> subdivision were being used. <br /> 7. 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. <br /> In view of the foregoing,g the Mashpee Zoning <br /> Board of <br /> Appeals found that the � <br /> Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly <br /> Y <br /> made and seconded, the Zoning Board of Appeals voted unanimously on September 19, <br /> 2001 to grant the following: <br /> 1. a Variance of 20.5 feet from the front setback requirements. <br /> 2. a Variance of 5 feet from the side setback requirements on the southerly side. <br /> 3. a Variance of 12 feet from the setback requirements to water and wetlands. <br /> 4. a Variance of 3.6% from the lot coverage requirements. <br /> The Variance is conditioned upon compliance with plans of Cape & Islands <br /> Engineering entitled `Single Family Residence,Proposed Sewage Disposal System, <br /> Prepared for Carol Taylor, Hse. No. 112 [Lot 64] Waterway, Mashpee, Mass., Plan No. <br /> 080201, Date: Aug. 2, 2001'. j <br /> j' <br />