06/22/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Peter R. and Carolie D. Owens 166 Waterway Mashpee, MA 02649 V-2011-27 The Board expressed concerns with the overcrowding of houses in the area and asked if the pool could be moved further away from the lot line. After some discussion, the Board concluded that relocating the pool a meager two feet would not have much of an impact on the proposal as a whole. No comments were received from abutters. GENERAL FINDINGS: The subject property is located at 166 Waterway and consists of 12,632 square feet of land. VARIANCE CRITERIA 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 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 makes specific findings owing to circumstances relating to the lot. SPECIFIC FINDINGS The Board determined that: • the irregular, sloping topography of the lot, the soil conditions and the presence of the Coastal Bank on the lot are unique to the lot; therefore, a literal enforcement of the By-law would involve substantial hardship, financial or otherwise, to the Petitioner to meet the setback requirements. • the proposal will significantly enhance the value of the property and neighboring homes; removal of a large portion of the lawn area will be an improvement with elimination of fertilizer and other chemical discharge into the nearby creek and marsh; installation of a new Title V septic system will be an improvement to the property and to the neighborhood; the proposal is consistent with other projects in 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 meets the criteria necessary for a Finding under M.G.L. Chapter 40A Section 6, and a Finding of Fact and Rebuild under Sections 174-17 and 174-20 to raze and replace a pre-existing non-conforming structure. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on June 22, 2011 to grant the following Variance relief to allow for the proposal: • 50 feet to the setback from water and wetlands. • 6.9 feet from the side setback requirements to allow for construction of the pool. 2