02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Gary D. Briggs and Claire L. Briggs 51 Massasoit Avenue (Map 72 Parcel 45) Mashpee, MA 02649 V-2019-12 Originally the applicants applied for two Variances, one was a Variance relative to the side yard setback,and also a Variance from the 40 ft. setback of Cappawack. His clients have redesigned the proposed location of the garage so there would be no need for the 40 ft. Variance relative to the front yard setback of Cappawack. The only Variance needed is the 3 ft. Variance from the side yard of the adjacent lot. The size of the lot coupled with the impact of the two streets, and the impact of the structures as they are currently located on the lot,there is only one place to put the garage. The southerly side has the septic system, and would need to be relocated. Mr. Kirrane suggested to the Board that this would be a significant hardship for the owners of the property to relocate the septic system in order to accommodate this very small modest garage proposal before the Board. According to Attorney Kirrane,the proposal included the stone driveway depicted on the plan. There were no comments submitted by the DPW Director regarding the driveway. Sharon said;there was no berm, it's just grass. Sharon read the following Town Department comments into the record; Inspection Department comments dated February 20, 2019. Conservation comments dated February 19, 2019, and Board of Health comments dated February 26, 2019. Mr. Furbush asked the audience if there were any comments. Mr. John Bowen, an abutter addressed the Board and is in favor of the proposal. Mr. Doug Semple, an abutter addressed the Board and is in favor of the proposal. He said there are two driveways, a dirt driveway to the right of the house on Massasoit, and a shell driveway to the left on Cappawack Road. Jonathan asked Mr. Semple if the stone driveway is pre-existing. Mr. Semple said; yes. Jonathan asked if the stone driveway on Massasoit will be removed. Attorney Kirrane does not know the answer. GENERAL CRITERIA: The subject property located at 51 Massasoit Avenue is approximately 12,500 square feet. There were no more comments from the audience or the Board. 2