09/19/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes— September 12, 2001 2 Board of Appeals perhaps that was the reason for the water problems she is currently experiencing. Ms. Senville said that they cannot use the cottage. Mr. East said that he paid for the abutters' property to be raised in grade and sod to be installed. He said that the licensed septic system installer who performed the work guaranteed that if the abutter developed Title V problems and the problems were traced back to his work, that he would correct the situation. Mr. Govoni said that that agreement sounded fair to all concerned. He suggested that the abutters hire an expert to inspect the septic system and determine the cause of the water problem in their basement. Mr. Govoni said that the abutters should also contact the Board of Health concerning their situation. I Mr. Nelson expressed concern with the certified plot plan and the exact lot lines. He asked if the grade of the property has been changed. Mr. East said that the grade of the lot was changed due to the Title V requirements regarding the water table. Mr. Farley said that he is concerned that his leach field has been damaged due to the trucks driving over the property and that the change in the grade of the Petitioner's property has produced water problems in his abutting home. Mr. East said that he paid to have the abutters' foundation tarred and to have the level of the yard raised. He reminded the abutters that the septic syg stem installer has agreed to correct an water problem that he may have P y p y caused. I Mr. Govoni moved to overturn the BuildingCommissioner's decision and to find that the he Petitioner does not require a Variance. Findings: that the property has been in single ownership before 1959, that it predates adoption of zoning and that zoning is not an issue. Mr. Nelson seconded. All agreed. Alexander M. Levine—Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side setback requirements to allow for construction of a j single-family home on property located in an R-3 zoning district at 185 Willowbend Drive (Map 63 Parcel 70 ) Mashpee, MA. Request for Withdrawal Without Prejudice. Sitting: Edward M. Govoni, Robert G. Nelson and Richard T. Guerrera. 'l The Zoning Board of Appeals received a letter dated September 4, 2001 from A.M. Wilson Associates, Inc. on behalf of the Petitioner requesting a Withdrawal Without Prejudice of the above-referenced Petition, V-01-87. H; The Board voted unanimously to accept the Request for Withdrawal Without Prejudice of �! the Petition for a Variance, V-01-87. I'il