10/27/1999 ZONING BOARD OF APPEALS Decisions

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• Mashpee Zoning Joseph M. Biknaitis V-99-89 2 Board of Appeals No comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 31 Amy Brown Road and consists of 18,090 square feet. 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. SPECIFIC FINDINGS 1. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. that the narrow shape and severe topography affect the subject lot and not the district in which it is located. 4. that the subject property is impacted by wetlands. 5. that the Board determined that 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 lots in the subdivision were being used. 6. 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). In view of the foregoing,the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Board of Appeals voted unanimously on October 27, 1999 to grant a front setback Variance of 20 feet from the edge of the road. The permit is conditioned upon payment of all taxes and compliance with plan entitled: "SINGLE FAMILY RESIDENCE &PROPOSED SEWAGE DISPOSAL SYSTEM, Prepared for Joseph Biknaitis—Vytenis Bichnevicius, Hse. 31 Amy Brown Road, Mashpee—Mass., Cape & Islands Engineering, Date: Feb. 4, 1999, Revised: 7/20/99 and 7/29/99, Plan No. S020499".