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05/09/2001 ZONING BOARD OF APPEALS Decisions
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05/09/2001 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning 2 <br /> Board of Appeals <br /> Roderick St. Pierre V-01-53 <br /> The Board of Health has approved the proposed installation of an innovative <br /> alternative septic system. The Conservation Commission has also approved the proposal <br /> and has issued an Order of Conditions. j <br /> Mr. and Mrs. Richard Brady, abutters at 256 Monomoscoy Road, said that there <br /> was only one plan on file in the Town Clerk's office and that the only authorized use of <br /> the plan is for sewage or septic system proposal and not for use as a site plan. <br /> I' <br /> Attorney Kirrane said that he submitted elevation plans at tonight's meeting <br /> merely for purposes of clarification and that the plan of record does contain all of the <br /> pertinent information that the Zoning Board of Appeals needs in order to render a <br /> Decision. <br /> Mr. Brady said that the proposal is incompatible with the existing homes in the <br /> area and that he would prefer construction of the proposal to be located closer to the <br /> wetlands rather than closer to the street. <br /> i <br /> Attorney Kirrane informed Mr. Brady that the Conservation Commission would <br /> not allow the location of the house to be any closer to the wetlands. Mr. Govoni said that <br /> the Building Department has no jurisdiction over enforcing the front setback because the j <br /> subject lots were created prior to the adoption of Zoning. <br /> The Board suggested reducing the size of the deck and the outside steps. <br /> Attorney Kirrane explained that the proposed installation of the steps and deck is dictated <br /> by the location of the mounded septic system. Mr. Kirrane showed the drawings and <br /> clarified thero osal to Mr. and Mrs. Brady.Brad <br /> p p Y <br /> t <br /> No other comments were received from abutters. <br /> VARIANCE CRITERIA !, <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and I <br /> not the district in which it is located and that a literal enforcement of the By-laws would f <br /> involve hardship to the petitioner. <br /> w <br /> I <br /> GENERAL FINDINGS <br /> 1. that the subject properties are located at 261 265 and 269 Monomosco Road <br /> 0 <br /> P p � Y <br /> and consist of total of 38,572 square feet of land. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the circumstances relating to the subject lot and not the district in which it is <br /> located are due to the encroachment of wetland resource areas on the site and <br /> without relief the subject parcels would be unbuildable. <br /> Ii <br />
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