10/11/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning David A. Jaye 2 Board of Appeals V-06-73 disposal system. The only setback requirement requested is that on the northerly boundard by 4 feet. The new structure will also lessen the non -conformity of setback to wetlands and will now sit at 41.2 feet instead of 50 feet. Attorney Kirrane believes this all can be done through the application of a special permit when three criteria are met: (1) the new dwelling is not more detrimental to the area; (2) there is adequate landspace for parking; (3) the board deems adequate space for setbacks. However, the Board generally grants variances for setback relief. Attorney Kirrane also mentions the abutting neighbors the Zamitos, have no problem with this proposal. Attorney Kirrane has also applied for relief from the flood plane due to Fema being in the process of changing their maps to reflect the current plans. The driveway will be changed to the otherside. The Board discusses variance relief on the side where the garage is and questions whether or not the garage can be reduced -so no variance is needed. Mr. Luff informs them that he already reduced it from a 3 car garage and that moving it would affect the roof lines and the front door. Zella Elizenberry asks what the new denitrification system really consists of and that the Blue Ribbon Committee is very concerned with the critical level of nitrogen that Mashpee has. Mr. Healey from the BSC Group tells the Board the there is an extra 5 feet in a de-nite system that helps with the removal of nitrogen and costs $8- 10,000 plus the expensive fees for testing. Mr. Brem says he has no problem with this request after visiting the site. The Board has some further discussion with Mr. Healy regarding septic systems. Mr. Luff also addresses the Board and informs them that the applicant is voluntarily installing this very expensive system and it is $8-10,000 MORE than the regular one. Marshall Brem moves to grant the following variances: ✓ A 4 foot variance on the northerly side ✓ A 9 foot variance to the wetlands ✓ A 15,454 square foot landspace 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.