08/28/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Janet C. Procek V-02-92 2 Board of Appeals 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. 174-33. Setback from water and wetlands. Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least fifty (50) feet from any water or wetland as defined by MGL C. 131, § 40. GENERAL FINDINGS 1. that the subject property is located at 12 Great River Road in an R-3 zoning district and is 7,200 square feet in size. SPECIFIC FINDINGS i! The Board determined that: 1. the circumstances relating to the unusual shape and sloping topography affect the subject property and not the district in which it is located; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the subject property is impacted by wetlands; therefore, without relief the property could not be used for a residence, the purpose for which it had been laid out and for which the balance of the undersized parcels in the subdivision were being used. 3. installation of a new septic system is an improvement to the subject property; therefore, relief may be granted without detriment to the public good. I'I 4. the property has been maintained as a separate buildable lot on the Assessor's a Records and is subject to betterments from the Water District; therefore, 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. 5. The Petitioner has met the criteria necessary for grant of a Special Permit to allow for demolition of the existing dwelling on the subject property. Ii 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 August 28, 2002 to grant the following: 1. a Variance of 26 feet from the front setback requirements. 2. a Variance of I% from the lot coverage requirements 3. a Variance of 32 feet from the setback requirements to water and.wetlands. The Variance is conditioned upon compliance with Cape & Islands Engineering plans entitled"Demolition and Reconstruction, Proposed Sewage Disposal System, Prepared for Michael &Jane Procek, Hse. No. 12 Great River Rd., Mashpee, Mass., Plan No. 061702, File No. I I IMA, Septic No. 71, Date: June 17, 2002". i , ii j i