01/09/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals JW Builders 2 V-08-02 that was allowed to expire by applicant. He is seeking the same requests as in the previous variance. However, there is a new barn that has been built since the first variance request where applicant proposes to live while he builds the proposed house. The kitchen facilities will then be removed once he obtains an occupancy permit for the main dwelling. Applicant is aware that he is limited to 5 bedrooms total,therefore the board is restricting the new dwelling to be four bedrooms maximum and the one bedroom above the barn will count as the fifth bedroom. James Reiffarth is concerned the total would be 6 bedrooms if a limit is not put on the new dwelling. Attorney Kirrane will produce new plans showing the proposed dwelling to possess no more than 4 bedrooms. There will be no habitable living space allowed under the 11 foot flood plane. The Board reviews the plans with Mr. Kirrane. After some discussion about future concerns, Jonathan Furbush makes a motion to grant a 4,061 landspace variance, a 50 foot frontage variance and a 25 foot variance to the wetlands. William Blaisdell seconds the motion. The motion is carried 4-1 with James Reiffarth voting no. 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 387 Monomoscoy road and contains 34,662 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. no adverse impacts to those interests sought to be protected by 174-24C are present