09/22/1999 ZONING BOARD OF APPEALS Decisions

Home Browse Search

,+ Mashpee Zoning Donald A. Laffert&Alicia T. Brophy V-99-75 2 Board of Appeals Mr. Nelson moved to continue the hearing until November 17, 1999 to allow the engineer an opportunity to clearly mark on the plans the exact Variance relief being requested. At the Public Hearings on November 17, 1999, Mr. David Sanicki of Cape & Islands Engineering represented the applicants and submitted photographs of the property and revised plans of the project. The plans were marked in red to identify the exact Variance relief being sought. The construction will not be any closer to the water and the wetlands than the existing structure is. No comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 146 Summersea Road and consists of 14,700 square feet. 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 involve hardship to the petitioner. SPECIFIC FINDINGS 1. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. that the shape and topography affect the subject lot and not the district in which it is located. 4. that the subject property fronts on Ann's Cove and is impacted by wetlands. 5. that the Board determined that without relief the lot could not be used for a residence,the purpose for which it had been laid out and for which the balance of the undersized lots in the subdivision were being used. 6. that the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District. 7. that it is a pre-existing, non-conforming structure. hi view of the foregoing,the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on November 17, 1999 to grant a Variance of 9 feet from the water and wetlands and a Variance of 41 feet from the point of the existing deck closest to the water and wetlands. The Variance is conditioned upon compliance with Cape & Islands Engineering plan entitled: "Site & Topographic Plan, Located in Mashpee—Mass., Prepared for Donald Laffert, Plan No. 070299, Date: July 2, 1999,Revised: 8/12/99, 8/18/99, 8/27/99 and 9/21/99".