5/9/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Tracey and Scott M. Diggins 56 Canonchet Avenue (Map 65 Parcel 120D) Mashpee, MA 02649 V-2018-19 The Board of Health comments that were emailed to the Building Commissioner were read into the record. "After our discussion with the owner of the above property, I wanted to memorialize the outcome in writing. After further review of the site plan, the front setback of W does not allow the garage to be put on the east side of the septic system. Therefore, the proposed location is really the only location that meets the septic setbacks to the pump chamber and the septic tank. The garage might be able to be moved laterally toward the septic tank but it will not gain any further distance from the rear property line. " The Board read the Conservation comments into the record as noted; "I confirmed that there is a wetland situated on the lot at 50 Canonchet Avenue, and is very likely that the I00 ft. buffer zone to the wetlands extends onto the property at 56 Canonchet. " The Board asked the applicants to speak with Drew, Conservation Agent directly per his comments submitted; "This property lies within the 100 ft buffer zone to a verified freshwater wetland. The applicants meet with conservation dept.. staff to determine what type of filing is necessary for the garage, depending on location of said garage. " Chairman Furbush mentioned that all water must be contained on the property, and is usually done with installation of drywells. The homeowners stated that they will not be running a business out of their garage. The water that runs in front of their home is runoff from Oneida, and they have been maintaining and preventing the runoff since they owned the home. The garage will be 25' x 25'. They are fencing in the entire backyard to avoid any issues. GENERAL CRITERIA: The subject property located at 56 Canonchet is approximately 13,200 square feet. There were several abutter letters read into the record and specific concerns regarding the "use", and concerns with water run-off. 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-Iaw 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. 2