01/26/2005 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Board of Appeals Nicholas Ruocco, Jr. V-05-17 • 2 properties and feels that the proposed dwelling will exacerbate the drainage problem. The Board reviews the comments and discusses them with Mr. Slavinsky. Mr. Ruocco speaks about the drainage matter. This was apparently discussed year after year in the Association Meetings and they are aware of the situation and will be attending to the issue at some point soon. The Board would like to impose that dry wells be added to the house for additional solution to any drainage problems they may have. The Board makes a motion to grant the following: ✓ A 33,239 square foot landspace variance ✓ A 19.5 foot variance from the front yard setback ✓ A 4.5 foot variance on the side yard ✓ A 4.5 foot variance on the side yard GENERAL FINDINGS 1. that the subject property is located at 2 Pine Avenue and contains 6,761 square feet. SPECIFIC FINDINGS • The Board determined that: 1. a literal enforcement of the By-laws would involve substantial hardship to the petitioner. 2. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by-law. 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 February 2, 2005 to grant the following: ✓ A 33,239 square foot landspace variance ✓ A 19.5 foot variance from the front yard setback ✓ A 4.5 foot variance on the side yard ✓ A 4.5 foot variance on the side yard • Reference plans from Cape & Islands Engineering, dated January 6, 2005, plan no. 010605, file No. 125MA.