06/08/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Joan M. Allegrini 146 Waterway Mashpee,MA 02649 V-2011-22 Replacement of a large portion of the lawn area with more environmentally sensitive native vegetation will eliminate fertilizer and chemical treatment discharge into the nearby creek and marsh. The Board of Health has approved replacement of the existing cesspool with a new Title V septic system for a 4-bedroom home. Mr. Slavinsky said that the proposed location of the septic system under the driveway is necessary in order to accommodate the parking areas. There is sufficient area to provide parking on the property rather than on the street. The Conservation Commission has approved the proposal. No comments were received from abutters. GENERAL FINDINGS The subject property is located at 146 Waterway and consists of 20,826 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; and a literal enforcement of the By-law would involve substantial hardship, financial or otherwise, to the Petitioner to meet the land space and 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. there is adequate land area to provide sufficient parking and setbacks as may be required, • 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. 2