01/13/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Joann Wilson 12 Rock Island Road Mashpee, MA 02649 V-10-01 representatives and carefully considered abutters' objections regarding excessive building height and lot coverage. The Board also read several letters and emails from abutters into the official Minutes. Mr. Marls Gildea of 282 Shore Drive, a life-long resident of the neighborhood, mentioned examples of similar Variance relief granted to numerous homes in the immediate neighborhood. As an abutter and a neighbor, he said he supports the project. Mr. Nelson read the letter from Building Commissioner Richard Stevens which included the following comment: "...we need to clarify just where the `Horizontal Cross Section of structures' is taken for calculating lot coverage. Is it at the foundation, mid-section, top plate or ridge of the structure? It would surely make a difference for the purpose of calculating lot coverage." GENERAL FINDINGS: that the subject property is located at 12 Rock Island Road and consists of 6,000 square feet of land. VARIANCE CRITERIA: Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the Petitioner. SPECIFIC FINDINGS: The Board determined that: 1. a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. relief may be granted without detriment to the public good. 3. relief may be granted without derogating from the intent or purpose of the By-laws. 4. there is adequate parking on the property. 5. installation of a Title V septic system will be an improvement on the subject property. 6. the proposed dwelling will be an improvement on the setbacks of the current dwelling. 7. the Petitioner meets the criteria for a Finding of Fact, which the Board has granted. Upon motion duly made and seconded, the Zoning Board of Appeals voted on March 10, 2010 to grant the following Variance relief. 1. a Variance of 4.5 feet on each side from the side setback requirements. 2. a Variance of 4.1% from the lot coverage requirements. The average setback rule applies. This Decision is conditioned upon compliance with Cape & Islands Engineering Plan entitled: "Plot Plan of Land Located in Mashpee, Mass. Prepared for Michael Wilson. Date: Sept.15,2009 Revd.Mar.9,2010 House Size." 2