07/13/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Barbara Notarius 2 V-05-81 zoning area and relief from the 25 foot setback requirements on the side/rear boundary line abutting conservation land as well as the front setback from Horseshoe Bend Way. Conservation requires the house be setback 50 feet from the wetland areas and therefore that severely limits the area available for development of a home. Applicant feels this home would increase the values of other homes and improve the area. Although the square footage of the home appears to be large, it is mainly due to the basement being finished. The height from the rear of the dwelling appears to make the home quite large however, the height of the basement is required for structural purposes and would be there even if they did not finish the basement. Comments in opposition include the following abutters: Carolyn Matzkin and Laura McMahon owners of 1487 Sandwich Road, Falmouth. Submitted a letter saying the house is out of character for the neighborhood and wants the buffers preserved. William and Carole Kurker , 2 Horseshoe Bend Way feel the house is not in keeping with the neighborhood and oppose the variance request. Abutters in support of the application are as follows: Dorene Lawrence 45 Horseshoe Bend Way feels this would be an improvement to the neighborhood. Bob Silva of 86 Horseshoe Bend Way is in support of the dwelling being built. Tom Smith of 15 Horseshoe Bend Way is in-support of the dwelling being built. After discussion between the Board and Attorney Kirrane the board voted 4-1 to grant the following: Marshall Brem voted to deny the variance. ✓ A 16.7 frontyard setback variance ✓ A 9 foot sideyard variance ✓ A 34,260 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. GENERAL FINDINGS . 1. that the subject property is located at 9 Horseshoe Bend Way and contains 47,740 square feet.