12/12/2001 ZONING BOARD OF APPEALS Decisions

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l Mashpee Zoning C. Michael & Sonia Hayward V-01-125 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 187 Daniel's Island Road and consists of 0.47 acres of land. SPECIFIC FINDINGS The Board determined that: 1. the subject property is impacted by wetlands and the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. 2. 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; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. 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; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 4. installation of a new septic system will be an improvement to the property and to the neighborhood; therefore,relief may be granted without detriment to the ; public good. ` 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 5 feet from the front setback requirements. 2. a Variance of 25 feet from the setback requirements to water and wetlands. The Variance is conditioned upon compliance with Cape & Islands Engineering plan entitled `Proposed Project: House Demolition&Reconstruction, Pool &Patio, Stone Driveway, Utilities, Stone Walls, Title V Septic System with Micro-Fast Denitrificiation and Sunray Ultraviolet Treatment System, Town Map 100 Parcel 37, House No. 187 Daniel's Island Road, Date: Oct. 23, 2001, Rev'd. Nov. 16, 2001 Relocate Security Fence, Proposed Site Plan Located in Mashpee, Mass., Prepared for C. Michael Hayward'. �y +i