02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE William M. Herbert and Christine Herbert 42 Spoondrift Way(Map 111 Parcel 127) Mashpee, MA 02649 V-2019-11 Sharon read the Board of Health comments dated February 26,2019 into the record. She read the Conservation Department comments dated February 22, 2019, stating that the homeowners need to submit a new Notice of Intent. Sharon also read the Inspection Department comments into the record. Mr. Furbush told the homeowners that they will need to comply with the Conservation and Board of Health Departments prior to submitting their proposal with the Building Department as read into the record. There were no abutters present. There were no more comments from the Board. GENERAL CRITERIA: The subject property located at 42 Spoondrift Way is approximately 14,280 square feet. 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, February 27, 2019. The Zoning Board of Appeals voted unanimously to issue a Variance to William and Christine Herbert of 42 Spoon Drift Way,Mashpee,MA which is the same Variance outlined from a prior Variance (V-2017-01) issued by the Zoning Board of Appeals. Issuing this Variance the Board finds that all other requirements have been met to allow for construction of a detached garage on property located in an R-3 Zoning District, Map 111 Parcel 127, Mashpee, MA 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