8/23/2017 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 Parcel(s) 54 & 55) Mashpee,MA 02649 V-2017-50 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 from 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, September 13, 2017, the Zoning Board of Appeals voted unanimously on the following conditions; 1. The Board has determined that the applicant met all the conditions of a Variance under Mass General Law 40A Section 10. 2. The Board issues a Variance for the following; a 6' x 35' front deck which is short 12.43 ft, from the front yard setback of 40 ft.,a roughly 42' x 43' addition which is short by 5.13 ft. from the front yard setback of 40 ft., an 8' x 30 ft. rear/side deck is short 5 ft. from the side yard requirement of 15 ft., and the building addition is within the 50 ft. buffer zone of the wetlands under §174-33. 3. A Certified Plot Plan --- Proposed - Cusack Residence, 46 Quail Hollow Road, Mashpee, MA. Date: May 23, 2017, Scale: 1" = 30', Drawn: RBS, Job #: 5280, DWG. CPP, Signed by: Robb Sykes, P.L.S. dated 9/8/2017. Revisions: June 6, 2017, Per Informal Review, June 8, 2017: Per Zoning Officer Review, Aug. 30, 2017,Per ZBA Review, Submitted by: Eastbound Land Surveying, Inc., PO Box 442,Forestdale,MA 02644. 4. Conditioned on all Town department comments read into the record. 2