9/12/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, Stewart and Barbara Dobson 162 Whippoorwill Circle (Map 125 Parcel 14) Mashpee, MA 02649 V-2018-43 The application is filed under a specific finding and variance criteria because the project consists of altering or changing a pre-existing non-conforming structure, and the variance has been applied for because it consists of removing a structure and replacing.it with a new structure. The Board is specific to find a reason for the shape, size, or topographical feature in connection with a particular variance application. In this case, the lot is impacted by flood zones,both the AE Flood Zone,and the Velocity Zone.Mr.Kirrane believes that the intrusion of the AE and the Velocity zones does constitute that topographical feature which gives the Board some basis for relying upon and granting the appropriate variance relief. This lot is in similar size in frontage to other lots in this particular neighborhood, and the fact that this building is being replaced would not change, and the reconstruction is consistent in design with the character of the neighborhood. Chairman Furbush wanted to confirm that the frontage was 28.9 ft., and increasing to 40.1 ft. In his opinion, the project does meet one of the three variance criteria because of the soil condition. He has no issues. Ms. Sangeleer read the Board of Health comments into the record. Mr. Blaisdell read the Conservation Department into the record. Mr. Gould read the Inspection Department comments into the record. GENERAL CRITERIA: The subject property located at 162 Whippoorwill Circle is approximately 12,500 square feet. There were no abutters present. There were no further 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 from the intent or purpose of such ordinance or by-law. 2