03/11/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Richard Proulx Board of Appeals V-09-05 4 March 25, 2009. Mr. Slavinsky of Cape & Islands Engineering is back before the Board for the continued hearing. He has discussed the proposal with this client and has submitted new plans to the board. He is requesting a 35.9 foot variance for the pool to be installed 4.1 feet off the lot line. Chairman Robert Nelson makes the following comments for the record: After consulting with the Assistant Building Inspector and the Building Inspector that the average setback rule (footnote 6) does not apply because it specifies there must be a dwelling built—a pool is not a dwelling it is a structure. Therefore, it cannot apply. The Board discusses this further and feels a variance is appropriate. Mr. Nelson makes a motion to grant a 35.9 foot variance to Hamblin Road. Jonathan Furbush seconds the motion. All agree. So moved. GENERAL FINDINGS 1. that the subject lot is located at 29 Hamblin Road and contains 31,820 square feet. 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. that there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent or purpose of the By-laws.