6/13/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owner, Arthur F. Noyes 5 Beach Road (Map 123 Parcel 158) Mashpee, MA 02649 V-2018-28 Mr. Kirrane concluded that the abutter's dwelling is setback only 19 ft. from.Beach Road. The lot coverage is only 14%, and because of the topography,there is sufficient data for the Board to grant the appropriate requested relief. GENERAL CRITERIA: The subject property located at 5 Beach Road is approximately 10,149 square feet. The Board read the Town Department comments into the record. There was one abutter letter read into the record who was in favor of the garage project. There were no abutters present. 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; 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2. Site Plan—Existing Site Survey, 5 Beach Road, Mashpee, MA. Sheet 1 of 1, Date: October 2, 2017, Drawing File Name: BEACH_5_Noyes—Site, Drawn by: JB, Checked by: MC, Prepared by: Cape & Islands Engineering, Drawing Title: Proposed Site Plan,Rev. 1,Date: 219118,Added Low and Drywells,By: MC,Appr: MC. Signed by: Matthew C. Costa,No, 52282, Professional Land Surveyor. 3. Conditioned upon all Town Department comments read into the record. 4. The Board issues a Variance due to block constraints and that it's a corner lot. The zoning requirement is 25 ft., the applicant is requesting 17.4 ft., and the Board issued a 7.6 ft. Variance. 2