Laserfiche WebLink
Mashpee Zoning Patrick J. Foley V-01-130 2 <br /> l i , <br /> Board of Appeals <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 /> GENERAL FINDINGS <br /> 1. that the subject property is located at 8 Squaws Lane and consists of 7,690 s <br /> square feet of land. j <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the circumstances relating to the shape and topography affect the subject lot <br /> and not the district in which it is located. <br /> 2. 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; therefore, a literal enforcement of the By-laws <br /> would involve hardship to the Petitioner. <br /> 3. the proposal will eliminate a non-conforming structure and will be an <br /> improvement to the subject property and to the neighborhood; therefore, relief <br /> may be granted without detriment to the public good. <br /> 4. 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; therefore, relief <br /> may be granted without derogating from the intent or purpose of the By-laws. <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly <br /> made and seconded, the Zoning Board of Appeals voted unanimously on December 12, <br /> I 4*' <br /> 2001 to grant a Variance of 5 feet from the front setback requirements. The Variance is <br /> conditioned upon compliance with Cape & Islands Engineering plan entitled `House <br /> Reconstruction& Septic Upgrade, Proposed Sewage Disposal System Prepared for <br /> Patrick J. Foley, House No. 8 Squaw's Lane, Mashpee—Mass., Date: Dec 18, 1999, ► <br /> Rev'd 10-26-01'. <br /> i <br /> i <br /> i <br />