12/12/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Kenneth L. Hatcher V-01-126 2 Board of Appeals VARIANCE CRITERIA '' ! Section 10 of Chapter 40A requires that the permit granting authority determine j that there are circumstances relating to the shape and topography which affect this lot and j 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 20 Elliot Road and consists of 9,225 t square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the location of the catch basin and the septic system dictate the location of the addition; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. addition of an outside staircase to the proposal does not require additional Variance relief from the setback or lot coverage requirements. 3. the proposal would be under the allowed 20% lot coverage with removal of the existing shed; therefore, relief may be granted without 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 subdivision were being used. r 5. 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 necessaryfor the granting of a Modification to a Variance. Petitioner met the criteria �' g Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on December 12, 2001, to grant a Modification to a Variance, V-00-212,to allow for addition of an outside stairway to an existing dwelling on the subject property. The Variance is conditioned upon compliance with the following: 1. removal of the existing shed on the subject property as soon as construction of the garage is completed. 2. plan signed by Registered Architect Gennaro A. Ameno and entitled: "Proposed Garage Addition, Lot 12, 20 Elliot Road, Mashpee, Mass., Date: j 12/22/00, Rev. 1 11-3-01, Added Exterior Stair". I t' II, -uy x i ilk