11/8/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE William J. Peros 16 Bluff Avenue(Map 112 Parcel 93) Mashpee,MA 02649 V-2017-62 SPECIFIC FINDING CRITERIA: The Building Commissioner presented his findings to the Board. He supplied the Board with the plot plan of the proposed addition showing 5.2 ft.,and the other end is 4.6 ft.The property line is not straight,so there's an issue with the shape of the lot. The second page was the original floor plan.The applicant was seeking a 6 ft.wide 13 ft.long addition. The dots depicted on the plan represent the 15 foot setback from the property line showing the addition a few feet over the dotted line. The original plan shows the opening of the shower area being a 34", 36" door. The distance from the wall to the toilet, is 39". These are key indications which detail the case for the Board to reconsider the application. The Option A page is an example of trying to be compliant with the zoning bylaw of today.The door dropped down to 24".The distance between the front of the toilet and the wall is 22". The Option B page shows a 24" door, and 22" from the front of the toilet to the wall. It shows how tight the building is from the 15 ft. setback which is right on the edge. Mr. Mendoza provided the Board with the specific requirements under the Architectural Access Board Code (AAB), and his research for this particular case. He proceeded to give a brief training on the AAB and noted that the ADA is Federal Law and more strict. He read allowed the numbered requirements listed under Section 521 CMR that detail the descriptions of door openings and floor space. He told the Board to refer back to Options A&B, which shows the door doesn't meet the handicapped accessibility requirements. He asked the Board to reconsider the application because the original plan complies with handicapped accessibility requirements. Mr. Blaisdell polled the Board, and all agreed that the based on the handicapped requirements, that the Variance was very minor and should be granted because of the hardship involved in meeting the side yard setbacks, and on the options presented by the Building Commissioner. VARIANCE CRITERIA: The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning Bylaws. The authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. 2