01/28/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning • Board of Appeals Kenneth Marsters — Prime Properties 2 V-09-03 Mr. Reiffarth also notes that these variances are conditioned on all requirements from the Board of Health, namely: 1. The property is located within a Zone 1 1 groundwater contribution area. Applicant is allowed up to a 4 bedroom dwelling, although only a 3 bedroom dwelling is proposed. 2. The septic design depicts no reserve area. 3. The land surveyor that stamped the 2004 plan from Ferreira Associates has passed away so another land surveyor would be required to review and stamp the final Title V design plan. 4. The septic design, as shown, requires variances so if the final plan does not change DEP will be required. N.B. The ZBA originally granted a 12 foot variance to Wintergreen Road assuming the requirement was 40 feet. It was later determined that the lot in question is located in a cluster subdivision which only requires a 30 foot setback versus a 40 foot setback requirement. The Board re -voted on the application at the February 11, 2009 hearing, correcting the variance to 2 feet from Wintergreen Road instead of the original 12 foot • variance. The second variance of 4 feet on the northwesterly side remains the same. GENERAL FINDINGS 1. that the subject property is located at 12 Wintergreen Road and contains 41,953 square feet. SPECIFIC FINDINGS The Board determined that: 1. a literal enforcement of the By-laws would involve substantial hardship to the petitioner. 2. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by-law. 3. The lot is in a designated cluster subdivision. 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 January 28, 2009 with a necessary re -vote on February 11, 2009 to grant a 2 foot frontyard setback variance and a 4 foot sideyard variance on the northwesterly side conditioned on plans from Cape & Islands Engineering, dated May 25, 2004, NB. No. 155.