12/13/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Michael Cusack 46 Quail Hollow Road (Map 58 Parcels 54 & 55) Mashpee, MA 02649 V-2017-67 The only difference is that the wall that is situated along the location of the deck will be pushed out 2 ft. and will align with the existing deck, and will be compliant with fire codes for the fire place. The layout and the setbacks that were previously approved have not changed. Mr. Kieler said that the addition will be moving two feet closer to the existing coastal bank. This relief was requested and advertised and is noted in the public hearing notice. Mr. Kieler pointed out the areas being reduced from 258 sq. ft., and the addition to 41.25 sq. ft., for a total reduction of 216.75 sq. ft: Mr. Goldstein read the Board of Health comments into the record. A septic inspection will be required with additional requirements as noted. He read the Conservation Department comments into the record that they will require two copies of an engineered stamped plan. General Criteria; The subject lots (#42 and#46)were combined and is approximately 25,442 square feet which makes the lot one of the largest in the neighborhood. There were no abutters present. However, there were several letters ftom the neighbors in support of the project. Variance Criteria: Chapter 40A: Section 10. Variances: 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. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, February 14,2018,the Zoning Board of Appeals voted unanimously to issue a Variance to Michael Cusack. The Board issues these Variances under §174-31 of the Zoning Bylaws to allow for a kitchen and living room addition to an existing single-family dwelling on property located in an R-5 Zoning District, 46 Quail Hollow Rd., (Map 58 Parcel(s) 54 and 55), Mashpee, MA. 2