03/26/1997 ZONING BOARD OF APPEALS Decisions

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u Board of Appeals Prime Properties Ltd. Partnership - V-97-30 2. FINDINGS A. General 1. the subject property contains 25,830 square feet and is located at 25 Sheffield Place. 2. the immediate neighborhood consists of single family homes of similar size. 3. the subject property is located in the Springhill cluster subdivision. The zoning sideline setback requirement is 15 feet. B. 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. C. Specific Findines 1. the shape and topography of the lot with the substantial area of organic soil conditions create a hardship in the use of the land. 2. the 12 foot sideline setback to the adjoining lot will not adversely effect the neighboring property. The front and other sideline setback exceed the zoning requirement. 3. the topography and shape affect this lot and not the zoning district in which it is located. 4. the Board determined that desirable relief may be granted without derogating from the intent and purpose of the Zoning By-laws and without detriment to the public good. 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 March 26, 1997 to grant a variance of 3' to allow a sideline setback of 12'. The Variance is conditioned upon compliance with plans of Cape& Islands Engineering dated February 28, 1997.