12/12/2001 ZONING BOARD OF APPEALS Decisions

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W i I Mashpee Zoning Carol A. Taylor V-01-133 2 Board of Appeals 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 112 Waterway and consists of 15,370 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. 2. a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. relief may be granted without detriment to the public good. 4. relief may be granted without derogating from the intent or purpose of the By-laws. 5. the subject property is impacted by wetlands. 6. 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. 7. 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 December 12, 2001 to grant the following: 1. a Variance of 20.5 feet from the front setback requirements. 2. a Variance of 3.6% from the lot coverage requirements. 3. a Variance of 12 feet from the setback requirements to water and wetlands. The Variance is conditioned upon compliance with the following: 1. plans of Cape & Islands Engineering entitled `Single Family Residence, Proposed Sewage Disposal System, Prepared for Carol Taylor, Hse. No. 112 [Lot 64] Waterway, Mashpee, Mass., Plan No. 080201, Date: Aug. 2, 2001, Rev'd. 8/20/01, 8/24/01, 11/08/01'. 2. that the Petitioner shall submit proof to the Zoning Board of Appeals that all pending litigation against the subject property has been resolved. i Ii