06/10/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning John Martin 2 Board of Appeals V-09-21 it to accommodate that request. Mr. Nelson also wants to have included in the decision that this porch remain a porch, not a three-season room. Mr. Martin agrees to this request. Mr. Nelson inquires about the roof—and he is told it will be shingled just as the rest of the dwelling is. After some further discussion and review of the plans, James Reiffarth moves to grant a 6.9 foot variance on the south side between lots 1 and 2. Jonathan Furbush seconds the motion. 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. GENERAL FINDINGS 1. that the subject property is located at 27 Uncle Percy's Road and contains 7,001 square feet. SPECIFIC CRITERIA The Board determined that: 1. the subject property has an unusual shape and therefore the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. 2. the size of the lot is consistent with the size of other developed lots in the neighborhood; therefore, relief may be granted without detriment to the public good. 3. The Board has restricted this to a screened in porch only, not to be converted at any time to a 3 season room. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on June 10, 2009 to grant a 6.9 foot variance on the south side. This is conditioned on plans from Holmes and Mcgrath, Inc., dated February 25, 2009, revised May 6, 2009, Job No. 209006.