12/12/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Mark and Mary Beth Tobin 2 Board of Appeals V-07-77 seeking a landspace variance and a frontage variance. The proposed lot coverage is 18.5% The rolling topography is criteria for a variance to be granted and the existing dwelling is not code compliant and the house would require extensive remodeling and it would be very costly. The Board reviews the plans and asks that the existing dwelling be highlighted so they can compare the two since there is so much grading on the plot plan it is difficult to view. The Builder William Reich assists the lawyer with the plans as well as the homeowner. After further discussion, Jonathan Furbush makes a motion to grant a 24,800 square foot landspace variance and a 49 foot frontage variance. 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 96 Captains Row and contains 15, 200 square feet. SPECIFIC FINDINGS The Board determined that: 1. the subject property is located on a cul-de-sac; therefore, the shape affects the subject lot and not the district in which it is located. 2. the location of the septic system dictates the placement of the proposed addition; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the proposal would be an improvement to the neighborhood; therefore, relief may be granted without detriment to the public good. hl 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 December 12, 2007 to grant a landspace variance of 24,800 square feet and a frontage variance of 49 feet.. Reference plans from BSS Design of Falmouth, MA, dated September 13, 2007, revised September 25, 2007 and revised October 10, 2007.