04/12/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning George A. Benway III V-00-93 2 Board of Appeals The Conservation Commission has approved the project. The Board of Health has approved the project subject to installation of a new denitrification system. Mr. Benway also attended the meeting. 4 The Board received several letters in opposition to the proposal. Mr. George Leach, an abutter, objected to the proposal and stated that the undersized lot is not buildable. Mr. and Mrs. Kenneth M. Alexander, abutters, reviewed the plans and expressed opposition to the proposal because of the small size of the lot and the small size of the proposed house. Mr. Govoni referred to174-31 of the Zoning By-laws which states: ,12Any water of wetland as defined under MGL C. 131, § 40, any existing or proposed street, any roadway right-of-way or easement twenty(20)feet or more in width or any overhead utility right-of-way or easement twenty(20)feet or more in width may not be counted toward minimum lot size requirements." ? The Zoning Board of Appeals voted unanimously to take the hearing under advisement until June 28, 2000 to allow its members an opportunity to conduct an on-site visit of 37 Monomoscoy West Road. At the continued hearings on June 28, 2000, Messrs. Govoni and Nelson stated that they had visited the subject property. Mr. Govoni referred to the original engineering plan and the recorded master plan from the Planning Department. The plans indicate that j the subject lot does not meet the minimum 5,000 square-foot size requirement under the Zoning By-laws. The Zoning Board of Appeals determined: 1. that relief may not be granted without detriment to the public good. 2. that relief may not be granted without derogating from the intent or purpose of the By-laws. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the applicant did not meet the criteria necessary for the granting of a Variance. Upon motion x duly made and seconded,the Zoning Board of Appeals voted unanimously on June 28, 2000 to Deny Without Prejudice the Petition V-00-93. r