1/11/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Thomas J. Murray and Kristin E. Murray 118 Waterway (Map 105 Parcel 220) Mashpee, MA 02649 V-2017-06 There will also be a new state-of-the-art Title V septic system installed. The lot has substantial vegetation and mature trees along both property lines, and the 2+ ft. variance relief requested for the northerly side will not have any adverse impact on the abutting property owner. Attorney Kirrane said he applied for that Variance on the northerly side of the property notwithstanding the fact that there was a non-conformity side yard setback on the other side of the property. He said he didn't know what the Boards approach would be relative to considering the entire building as a side yard setback relief, or by creating a 12.1 ft. non-conformity on the northerly side as opposed to the southerly side, which creates a brand new non-conformity, so as such applied for variance relief of the 2,9 ft. on the northerly side of the property, and eliminating the non-conformity on the other side of the property. Attorney Kirrane pointed out to the Board that the homeowners prefer to keep the vegetation and mature trees to create privacy from the abutting properties. He concluded that the proposed new dwelling project will have sufficient parking, and will have the adequate setbacks consistent with the neighborhood. Mr. Furbush read the Board of Health, Conservation, and Inspection Department comments into the record. The subject property located at 118 Waterway is approximately 17,500 square feet. There were no abutters present. 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, January 11, 2017, the Zoning Board of Appeals voted unanimously to issue a Variance of 2.9 ft. on the northerly side yard setback, and based on a plot plan submitted by BSS Design, Proposed House and Subsurface Sewage Disposal System Upgrade Prepared for Thomas&Kristen Murray, 118 Waterway,Mashpee,MA. Scale: 1"=20',dated: Nov. 22, 2016, Drawn: EJP, TJB, MRT, Checked: JER, Job Number: 16079, Revisions: Rotated house and added cantilever, adjusted septic system Dec. 5, 2016, TJB, Added Trees to be removed and marsh off-set to pool patio, Dec. 19, 2016, MRT. Title: Site Plan: 2 of 3, Drawing Number: B24-41. Also conditioned upon all department comments read into the record. 2