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Mashpee Zoning Thomas F. &Bonnie A. Smith V-01-71 2 <br /> Board of Appeals <br /> Mr. Govoni read a letter from the Monomoscoy Improvement Trust seeking <br /> clarification of the Zoning Regulations for Monomoscoy Island. The letter expressed 2> <br /> confusion over the setback requirements and concluded with the statement: "Existing <br /> owners are very concerned that their property values will be adversely affected when <br /> houses not conforming to the front yard setback of existing homes are permitted". <br /> Mr.Nelson referred to Section 174-31.4 of the By-laws and stated that the height <br /> restriction does not seem to apply to this Petition. Messrs. Brem and Govoni stated that <br /> they are not in favor of granting a variance to allow for construction over 35 feet. Ms. M i' <br /> Elizenberry agreed and said that there was no evidence of hardship. <br /> Mr. Lewis Mantell, 242 Monomoscoy Road, expressed his approval of the <br /> project. <br /> Mr. and Mrs. Richard Brady, 256 Monomoscoy Road, asked why the subject <br /> property was designated and taxed as an"unbuildable"lot. Mr. Smith said that the lot <br /> was considered buildable at the time of his purchase. The Board instructed Mr. and Mrs. <br /> Brady to contact the Assessing Department for clarification. N�iI <br /> Mr. Ralph Williams, a direct abutter at 262 Monomoscoy Road, expressed �' <br /> concern with the proposal because it appears that the house would be located"practically <br /> i <br /> in front of his house. <br /> Mr. Govoni said that he understands the problem, but that the Conservation <br /> regulations require a 50-foot setback to water and wetlands,which force construction <br /> closer to the street line. <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 <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 266 Monomoscoy Road and consists of <br /> 10,175 square feet of land. <br />