10/13/1999 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Jeanne S. Mantel V-99-82 2 Board of Appeals Mr. Govoni informed those in attendance that the Zoning Board of Appeals does not have jurisdiction over the proposed driveway. Mr. Regan invited Mr. Hanks, Mr. Reiffarth and Mr. and Mrs. Brady to examine the plans submitted by Mr. Slavinsky. The most recent plan shows that one of the decks and the circular driveway have been deleted. No other comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 242 Monomoscoy Road and consists of 14,450 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 the shape and topography affect the subject lot and not the district in which it is located. 2. that the subject property fronts on Great River and is impacted by wetlands. 3. 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. 4. that the installation of a new denitrification system will be an improvement to the property. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Board of Appeals voted unanimously on October 13, 1999 to grant a Variance of 21 feet to the wetlands. The Board also moved to withdraw the request for the variance from the front and sideline setback requirements, as it is not needed. The permit is conditioned upon compliance with plan entitled"Proposed Sewage Disposal System, Prepared for Jeanne S. Mantel, Hse.No. 242 Monomoscoy Road, Mashpee— Mass., Cape & Islands Engineering Plan No. S081699, Date: Aug 16, 1999, Revised 9/10/99".