10/27/1999 ZONING BOARD OF APPEALS Decisions

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• Mashpee Zoning Whitefox LLC V-99-88 2 Board of Appeals Mr. Slavinsky said that high bush blueberry, arborvitae, a cabana and fencing would dampen noise levels. He said that the pool would be 12 feet from the house. Mr. Faulkner said that Mr. Greene might not object if vegetation, a cabana and solid fencing are installed. Mr. Faulkner withdrew Mr. Greene's opposition to the proposal. No other comments were received from abutters. GENERAL FINDINGS 1. the subject lot is located at 108 Waterline Drive South and consists of 15,000 square feet. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. SPECIFIC FINDINGS I. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. that the applicant has taken reasonable precautions to lower the level of noise by proposing the installation of a shrubbery, a cabana and fencing. In view of the foregoing,the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Board of Appeals voted unanimously on October 27, 1999 to grant a Variance of 9 feet from the rear setback requirements to allow for construction of a pool. The permit is conditioned upon compliance with plan entitled"SINGLE FAMILY RESIDENCE AND PROPOSED SEWAGE DISPOSAL SYSTEM, Prepared for Robert Fox, House 108 Waterline Drive So., Mashpee—Mass., Cape & Islands Engineering, Date: Jan. 20, 1999, Rev'd: 2/1/99, Rev'd: 3/9/99 and Rev'd: 8/99".