3/28/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Daniel A. Wren 78 Waterline Drive South(Map 120 Parcel 126) Mashpee, MA 02649 V-2018-08 The intent of the bylaw is to provide distances between abutting property owners. The 10.4 ft. which affords this application sufficient distance from the side yard and dwelling. There is an additional 15 ft. strip of land between two residential properties, and is 15 ft. that the abutter has on the other side. Essentially there is well over 35 ft. of distance between the two dwellings. To grant relief would not derogate from the intent of the bylaw. GENERAL CRITERIA: The subject property located at 78 Waterline-Drive South is approximately 15,118 square feet, and as approximately 120 feet of frontage along Waterline Drive South. There were no abutters present. Associate Member, Sharon Sangeleer read the Inspection Department comments into the record. Acting Chairman,Bill Blaisdell read the Conservation and Board of Health comments into the record. There were no more comments from the Board. 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 ftom 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, March 28,2018,the Zoning Board of Appeals voted unanimously to issue a Variance based on the following conditions; the Board has determined that the applicant meets all the conditions of Variance under Mass General Law 40A Section 10. Proposed Porch ---- 78 Waterline Drive South, Mashpee, MA, Prepared for: Wren, 78 Waterline Dr. South, Mashpee, Engineering Works, Inc., Survey reviewed by: Warwick & Assoc. Inc., Scale: 1"-20',drawn by: PTM, Job.No.:316-17, Dated: 12/22/17, Checked by: PTM, Sheet 1 of 1. The plan incorrectly depicts a 5 ft. variance when in fact the required side yard setback is 15 ft. It is depicted as 10.6 ft., and the applicant is seeking a 4.4 ft. variance. This Variance is also conditioned upon all comments read into the record. 2