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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> William M. Herbert and Christine Herbert <br /> 42 Spoondrift Way (Map 111 Parcel 127) <br /> Mashpee, MA 02649 <br /> V-2017-01 <br /> Mr. Blaisdell commented that there should be no living space above the garage. <br /> Mr.Furbush read the comments from Conservation,Board of Health and Inspection <br /> Departments into the record. <br /> GENERAL CRITERIA: <br /> The subject property located at 42 Spoondrift Way is approximately 14,280 square <br /> feet. <br /> There were no abutters present. <br /> VARIANCE CRITERIA: <br /> Chapter 40A: Section 10. Variances: <br /> The authority specifically finds that owing to circumstances relating to the soil <br /> conditions, shape, or topography of such land or structures and especially affecting such <br /> land or structures but not affecting generally the zoning district in which it is located, 1) a <br /> literal enforcement of the provisions of the ordinance or by-law would involve substantial <br /> hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief <br /> may be granted without substantial detriment to the public good and without nullifying or <br /> substantially derogating from the intent or purpose of such ordinance or by-law. <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a <br /> Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, <br /> January 11,2017,the Zoning Board of Appeals voted unanimously to issue a 5 ft.Variance <br /> from the side yard setback for construction of a detached garage with the following <br /> conditions; a plot plan from.BSS Design,Proposed Garage, and Prepared for William and <br /> Christine Herbert, 42 Spoondrift Way, Mashpee, MA. Scale: I" = 20', Date: April 26, <br /> 2007, Drawn by: EJP, RAR, TJB, Job Number: 6172, Drawing Number: P12-115, <br /> Revisions: Added proposed planning and notes for Conservation, 412109, TJB. Increased <br /> planning, revised prop patio 5114109. Also conditioned upon all the department comments <br /> read into the record, and no heating, or living space over the proposed garage. <br /> 2 <br />