8/22/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION-FOR A VARIANCE Patricia A. Connolly 5 Seconsett Island Road (Map 119 Parcel 13) Mashpee, MA 02649 V-2015-36 Mr. Goldstein read the comments from the Inspection Department comments which stated that the proposed building will need to be constructed to meet FEMA regulations. The Board and Building Cornznissioner had a discussion about the 50% rule meaning the value of the structure being 50%more than the existing structure. But because the garage is a free standing structure, the 50% rule does not apply because the garage is not connected to the house. Chairman Furbush said he does not have a problem with the project, but has a problem with the bathroom that's on the second floor. Mr. Steve Cook, Cotuit Bay Design addressed the Board and said that the design is not for a bedroom. He said the half-bath is really for convenience. The Board is concerned that a garage with the half-bath will become an apartment. Chairman Furbush asked the Board if there were any more comments. Mr. Goldstein said he does not have any issues and will agree to make conditions for the decision. Mr. Kirrane said the applicant is seeking a 17 ft. Variance from the 50 ft. requirement because the location of the garage is 33 ft. GENERAL CRITERIA: The subject property located at 5 Seconsett Island Road is approximately 46,670 square feet. 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. 2