6/13/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE John F. Dee 46 Main Street (Map 47 Parcel 25) Mashpee, MA 02649 V-201826 The Board also discussed that this particular variance petition would expire in one year if not acted upon, and if there were conditions issued by the Board in their decision. The applicant would like to commence within a six month time period. Mike Mendoza, Building Commissioner said that according to Mass General Law a boarder survey has already been performed, and the paperwork has already been drafted. Attorney Johnson said the applicant seeks a Written Finding, and a Variance from the present frontage requirement of 13.89 ft., and a shortage of 34,540 sq. ft. on the lot square footage. There are no other setback or height requests. GENERAL CRITERIA: The subject property located at 46 Main Street is approximately 45,460 square feet. There were no abutters present. The Board read the Town department comments into the record. 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, June 13, 2018, the Zoning Board of Appeals voted unanimously to issue a Variance with the following conditions; 2