12/08/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Thomas Belekewicz Board of Appeals Owner: Merope Deluca 2 V-04-168 the neighborhood and is well under the 20% lot coverage as it would be 11%. Attorney Kirrane discusses the by law section 174-17 and section 174-20 and feels that since the house is a pre-existing non=conforming structure, they can address the setback issues without a variance. The Board discusses the plans and feels that since the Variance has been filed, they will address the relief requested. The Board feels this will be an improvement to the neighborhood and will not be more detrimental than what currently exists there now. An abutter, Arthur Brecker of 57 Pickerel Cove Road is in full support of this project. He feels the new septic system is better for the pond and the neighbors are in full support. The Board seems to be in agreement with the requests and moves to grant the requested variances. GENERAL FINDINGS 1. that the subject property is located at 53 Pickerel Cove Road and contains 26,700 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 1. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. that relief may be granted without detriment to the public good. 3. that relief may be granted without derogating from the intent or purpose of the By-laws. 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 February 23, 2005 to grant the following Variances: y,