09/13/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning David Hufnagel 2 Board of Appeals Owner of Record: James Kalweit V-06-67 the emails from the DPW and Fire Department stating that once all requirements are complete, they will be satisfied. The Board discusses notifying the abutters specifically on widening the road just for a courtesy purpose since it will affect them directly. Attorney Watt mentions they do not want any legal ramifications from this notification. It is decided a letter will be written by the applicant to just inform the abutters about the street improvement. The Board also conditions this matter on an admistrative conservation matter to be resolved. Marshall Brem votes to grant a 33,184 square foot landspace variance and an 18.6 foot front yard setback variance to Monomoscoy Road West. Zella Elizenberiy seconds the motion. 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 58 Monomoscoy Road West and contains 6,816 square feet. SPECIFIC CRITERIA The Board determined that: 1. the subject property has an unusual shape and therefore the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. 2. the size of the lot is consistent with the size of other developed lots in the neighborhood; therefore, relief may be granted without detriment to.the public good. 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 January 10, 2007 to grant the requested variances. The variance is conditioned on plans from J. E. Landers-Cauley of West Falmouth, MA, dated August 10, 2006, revised, September 20, 2006, revised September 26, 2006, and revised again October 16, 2006. Job No. 1637, Ass. # 114-95.