09/14/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals John O. Harris 2 V-05-110 wetlands variance is the only way a deck can be added to the house. Mr. Sanicki asks the Board if this can be cantilevered by 5 feet into the wetlands—this is the question the board must decide for the wetlands variance. Mr. Brem explains to the Board that this will not be more detrimental to the area—however—when he asked Mr. Sanicki if the house could be pushed back, Mr. Sanicki informed him that the septic system is too close and the Board of Health would have problem with that. After some further discussion, Marshall Brem makes a motion to grant a 5 foot variance so the deck can be cantilevered into the buffer zone. GENERAL FINDINGS 1. the property is located at 97 James Circle and contains 16,200 square feet. 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. SPECIFIC FINDINGS The Board determined that: 1. the shape and topography affect the subject property and not the district in which it is located. 2. the subject property fronts on a river and is impacted by wetlands. 3. without relief the property could not be used for a residence, the purpose for which it had been laid out and for which the balance of the undersized parcels in the subdivision were being used. 4. the property has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District. hi view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on October 26, 2005 to grant a 5-foot variance conditioned on compliance with plans from Cape & Islands Engineering, dated July 19, 2005, revised August 10. 2005, revised August 31, 2005 and revised most recently September 27, 2005, plan no. 071905.