02/23/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS 384 Monomoscoy Road Mashpee, MA 02649 Susan L. Karelitz V-11-07 GENERAL FINDINGS: the subject property is located at 384 Monomoscoy Road and consists of 34,125 square feet of land. VARIANCE CRITERIA: Chapter 40A §10: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. SPECIFIC FINDINGS: The Board determined that: • the unusual shape of the parcel and the unique soil conditions due to its close proximity to the salt marsh affect the subject property; therefore, a literal enforcement of the By-laws would involve substantial hardship, financial or otherwise, to the Petitioner. • calculations of a reduction in nitrogen loading within the boundaries of the development site will be an improvement to the area; therefore, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. • the proposal has received Conservation Commission review and approval. In view of the foregoing, the Zoning Board of Appeals found that the Petitioner met the criteria necessary for granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on February 23, 2011 to grant a Variance of twenty (20) feet from the setback requirements.to water and wetlands to allow for the proposal. This Decision is conditioned upon compliance with Cape & Islands Engineering plan entitled: "Proposed Project: Pool, Patio & House Alterations, Town Map 125 Parcel 20 House No. 384 Monomoscoy Rd. Revd. 1/13/11 Proposed Lot Coverage Proposed Site Plan Located in Mashpee, Mass. Prepared for Neal & Susan Karelitz Date: Sept. 9, 2010". 2