10/14/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals John LaCava 4 V-09-32 The motion is carried 4-1. This variance is referenced by plans from Falmouth Engineering, dated July 28, 2006 as prepared for John LaCava. GENERAL FINDINGS 1. that the subject property is located at 8 Drew Lane and contains 20,776 square feet. SPECIFIC FINDINGS The Board determined that: 1. a literal enforcement of the By-laws would involve substantial hardship to the petitioner. 2. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by-law. 3. Considering the circumstances of the situation and the time that has elapsed, the Board felt removing the entire pool was excessively burdensome to applicant. 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 October 14, 2009 to grant the following: ■ 11.4 feet from the rear lot line ■ 1.2 feet from the corner of the existing house to the lot line. ■ Cut the concrete apron 3.8 feet back from the abutting property, parcel 7. Thus the distance from the edge of the pool to the property line shall be no more than 7.6 feet. ■ Remove to 5 feet from the property line (applicant states it will be removed entirely) The variances are conditioned on plans from Falmouth Engineering, dated July 28, 2006 as prepared for Jolm LaCava.