06/13/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Thomas F. &Bonnie A. Smith V-01-71 3 Board of Appeals SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the shape and sloping topography affect the [`•:" subject lot and not the district in which it is located. 2. due to Conservation Commission regulations and the impact of water and wetlands on the subject lot, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the proposed setbacks are in keeping with other homes in the area;therefore relief may be granted without detriment to the public good. 4. relief may be granted without derogating from the intent or purpose of the By-laws. 5. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District. 6. the lot is part of a subdivision created in 1913 and predates the Town's adoption of the Zoning 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 ' made and seconded,the Zoning Board of Appeals voted unanimously on June 13, 2001 to grant the following: 1. a Variance of 11.5 feet from the rear setback requirements 2. a Variance of 9 feet from the front setback requirements. The Board voted unanimously to Deny the request for a Variance from the height requirements. The Variance is conditioned upon compliance with Pesce Engineering& Associates' plan entitled: "Proposed 3 Bedroom House, 266 Monomoscoy Road, Mashpee,Mass.,Mr. Tom Smith,Date: 12/22/99,Rev: 2/14/00, 2/22/01, 3/26/01, 3/31/01, Job No. 52227Z"providing that said plan is revised to meet the 35-foot height requirement.