10/11/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Paul J. &Anne M. Powers, Sr. V-00-181 2 Board of Appeals No comments were received from abutters. � I The Board voted unanimously to continue the Petition until November 22, 2000 to allow the Petitioner an opportunity to file for a Special Permit from the Board and to submit revised plans. j At the Continued hearings on November 22, 2000, Attorney David Leitner from the office of Jeffrey W. Oppenheim, Esq. represented the Petition along with Engineer Barbara Frappier from Warwick&Associates, Inc. Plans call for removal of the existing I!, three-bedroom dwelling to another site and construction of a new dwelling with an it addition to the foundation and two decks on the subject property. j Attorney Leitner stated that in 1998 the Petitioner and a neighbor purchased a lot between the two lots, removed an existing structure, divided the lot between the two properties and eliminated a buildable lot on the wetlands. Ms. Frappier submitted revised plans. ii VARIANCE CRITERIA j Section 10 of Chapter 40A requires that the permit granting authority determine f that there are circumstances relating to the shape and topography which affect this lot and I not the district in which it is located and that a literal enforcement of the By-laws would !I involve hardship to the petitioner. GENERAL FINDINGS 1. that the subject property is located at 16 Bayview Road and consists of 46,299 I' square feet. SPECIFIC FINDINGS The Board determined that: 1. the subject property is impacted by wetlands and a literal enforcement of the r l setback requirements to water and wetlands would involve hardship to the f !' Petitioner. 2. lot coverage would be well under the allowed 20% and relief may be granted without derogating from the intent or purpose of the By-laws. 1 III 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 November 22, 2000 to grant a Variance of 31.6 feet to the top of the coastal bank. The Variance is conditioned upon compliance with Wm. M. Warwick&Associates, Inc.plan entitled "Site Plan for 16 Bayview Road,Mashpee, Mass., Date: 6/23/99, Plan Revisions: 1/18/00, 1/25/00, 1/27/00, 3/22/00, 8/31/00, 10/12/00".