07/09/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Evan and Susan Dangel 2 V-08-34 remain at 66 feet. They cannot fill in the basement due to the landbal and the topography. The National Heritage is satisfied as well as an arborist being hired. The house needs to placed where it is proposed due to Conservation requiring the Beech trees are being required to remain where they are and the septic system is staying where it is due to the expense. The Board reviews the plans and Jonathan Furbush makes a motion to grant the variance. GENERAL FINDINGS 1. the property is located at 762 Cotuit Road and contains 1.29 acres. 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. the shape and topography affect the subject property and not the district in which it is located. 2. the granted variance would not have a detrimental effect on the subject property or those surrounding the property. 3. Conservation Commission has approved the proposed plans. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance to the wetlands. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously to grant a 25-foot Variance to the wetlands. The Variance is conditioned on compliance with plans from Cape & Islands Engineering, dated May 8, 2008, revised July 17, 2008 and revised July 29, 2008.