05/09/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning 2 Board of Appeals Douglas J. &Kimberly L. Adams V-01-55 installed on the easement. Mr. Nelson said that the Board would not be comfortable disturbing the easement in any way without consulting the exact language and terms of the easement. The Board received a fax from Attorney Mark C. Gildea on behalf of abutters, Mr. and Mrs. John F. Harrington at 55 Uncle Edward's Road, stating that"they do not object to the requested Relief, so long as the installation of the deck does not interfere with their use of the Easement". � i 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 j involve hardship to the petitioner. i GENERAL FINDINGS 1. that the subject property is located at 3 Westwood Road and consists of 7,500 square feet of land. i SPECIFIC FINDINGS The Board determined that: 1. the shape and sloping topography affect the subject lot and not the district in which it is located. 2. in order to maintain the front setback requirements from the street,the proposal would be better suited in the rear location of the home;therefore a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. in the proposed location,the deck would encroach only four feet into the required setback requirements; therefore, relief may be granted without substantially derogating from the intent or purpose of the By-laws. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly i � made and seconded,the Zoning Board of Appeals voted unanimously on May 9, 2001 to grant the Variance of 4 feet from the rear setback requirements. The Variance is subject upon compliance with the following: j 1. that the proposed 10x20-foot deck shall have a Moot high privacy screen on E I the southeasterly line. 2. that a 7-foot high privacy screen shall be installed on the southwesterly line for the first 10 feet. 3. that 9 arborvitae shall be installed on the property line from the southerly corner of the lot, approximately 6 feet apart. 4. that the egress on the deck shall be located towards the bulkhead(north). 5. that the plantings shall not interfere with the 10-foot easement. 6. Cape & Islands Engineering plan entitled"Plot Plan of Land Located in i Mashpee, Mass., Prepared for Dream Developers, Date: Feb. 13, 2001