09/12/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Kenneth Marsters, Prime Properties 2 V-07-59 applicant that the road was just paved and taken as a public way. He does not want to see the road destroyed with heavy construction trucks. Mr. Marsters states that he will put a stone apron on the pavement to protect it. The whereabouts of the gas line is also questioned and Mr. Marsters states this is not a problem. Louis Falcone of 62 Wintergreen has some questions for the applicant. He has no problem with the project but was just curious to see if it fits the neighborhood. He reviews the plans and has no problems with the project. Mr. Nelson feels there is plenty of burden to grant the variance for applicant. Jonathan Furbush moves to grant a 2 foot frontyard setback variance and a 4 foot variance on the northerly side. Zella Elizeuberry seconds the motion. All agree. So moved. 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 12 Wintergreen Road and contains 41,953 square feet. SPECIFIC FINDINGS The Board determined that: 1. a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the proposal would be an improvement to the subject lot and to the neighborhood; therefore, relief may be granted without detriment to the public good and without derogating from the intent or purpose of the By-laws. hi 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 September 12, 2007 to grant a 2 foot frontyard setback variance and a 4 foot variance on the northerly side. Reference plans from Ferreira Associates of Falmouth, MA, dated May 25, 2004, Plan No. WGI.