05/26/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Lawrence and Josephine Cohen Applicant: Robert Najarian 2 V-04-73 feet of heated residential space on two floors and 1120 of unheated space, garage and game room. The lot coverage would total 12.6%. Applicant would also propose a new septic system and would meet all currently required setbacks. The variance relief sought is to allow a basement below the I I' flood plain elevation. The Board reviews the plans in detail with Mr. Kirrane and discuss the existing swimming pool, utilities and the like. Mr. Kirrane informs the Board that all of the utilities will be above ground unlike the situation at hand. The Board discusses what will be in the unheated area below the flood plain. The Board feels this will be a vast improvement to the neighborhood and feels the relief sought is reasonable. The Conservation Commission has approved this dwelling as has the Board of Health with no living in the unheated area, only storage. The Board moves to grant the Variance relief sought which allows the building of a structure below the I l' foot flood plain. GENERAL FINDINGS 1. That the subject property is located at 8 Bowsprit Point and contains 41,618 square feet. SPECIFIC FINDINGS 1. the shape and topography of the subject property limit placement of the proposed dwelling and septic system,therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the proposed construction would be farther away from the wetlands than the existing dwelling; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 3. the structure allowed below the eleven foot flood plain elevation will consist of unheated storage space and all utilities will be built above ground. In 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 May 26, 2004 to grant the Variance relief sought. The Variance is conditioned upon compliance with engineering plans from Canal Land Surveying of Sagamore Beach, MA, Project No. 04- i