09/19/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning William& Priscilla Coughlin V-01-82 3 Board of Appeals SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the shape and topography affect the subject lot it and not the district in which it is located. 2. a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the Board of Health has required installation of a new septic system; therefore, relief may be granted without detriment to the public good. 4. relief may be granted without derogating from the intent or purpose of the By-laws. 5. because of its close proximity to Dean's Pond, the subject property is impacted by wetlands, the vegetated buffer strip and the coastal bank. j Ili ' 6. the Petitioner met the criteria necessary for granting of a Special Permit to allow for demolition of the existing dwelling on the subject property. In view of the foregoing, the Mashpee Zoning Board of Appeals found that: I i 1. the Petitioner met the criteria necessary for the granting of a Variance from the setback requirements to water and wetlands, and upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on October 24, 2001 torant a Variance of 21 feet from 174-33 of the Zoning B g g -laws.y I 2. because the Petitioner did not provide evidence to support the required findings, the Board voted unanimously to Deny the request for Variance relief l li from the lot coverage requirements, Section 174-31 of the Zoning By-laws. The Variance is conditioned upon submission of a revised plan showing that the proposal complies with the lot coverage requirements. The revised Cape &Islands i Engineering plan was submitted to the ZBA office and is entitled "House Reconstruction & Septic Upgrade, Proposed Sewage Disposal System, Prepared for William Coughlin, House No. 35 Uncatena Road, Mashpee, Mass., Plan No. 042401, Date:Apr.24,2001, ij II Revision: 08/10/01 and Oct.26,2001 f I, �I�I III