10/26/2011 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Cornelius A. and Maureen Ferris 38 Seconsett Point Road Mashpee, MA 02649 V-2011-38 Building Commissioner Richard E. Morgan assured the Board that construction will not exceed the footprint of the submitted plan. No comments were received from abutters. GENERAL FINDINGS: The subject property is located at 38 Seconsett Point Road and consists of 18,860 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. SPECIFIC FINDINGS: The Board determined that: • specifically owing to the long, narrow shape of such land which especially affects such land, 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, to meet the frontage requirements. • replacement of the existing septic system will be an improvement to the subject property and to the neighborhood; 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 Petitioner meets the criteria necessary under Sections 174-17 and 174-20 of the By-laws pertaining to Continuance, Extensions, and Alterations and Rebuilding of Destroyed or Damaged Non-conforming Structure to allow for demolition of the existing dwelling and construction of a new, single-family home. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Variance from Section 174-31 of the Zoning By-laws. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on October 26, 2011 to grant a Variance of 75 feet from the frontage requirements to allow for construction of a single-family home on the subject property. This Decision is conditioned upon the following: • Conservation Commission approval. • Board of Health approval. • J. E. Landers-Cauley plan entitled "SITE PLAN PREPARED FOR CORNELIUS AND MAUREEN FERRIS OF 38 SECONSETT POINT ROAD, MASHPEE, MA. REV. 09/25/08, 10/02/08, 10/09/08, 09/27/10". • lot coverage will not exceed the proposed 15.5%. 2