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 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 from the side yard setback to Gary D. and Claire L. Briggs of 51 Massasoit Avenue under §174-31 to allow for construction of a detached garage on property located in an R-3 Zoning District, Map 72 Parcel 45, 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. Plot Plan: Prepared for: Gary D. & Claire L. Briggs, 51 Massasoit Ave, Mashpee, MA. Sheet No.: 1 of 1, Date: January 16, 2019, Drawn by: JVB, Checked by: MC, Prepared by: Cape & Islands Engineering, Drawing Title: Proposed Garage Plan, Assessors Information: 72 /45 / 0. 2/19/19: Revise Proposed Garage Location, by JVB and MC. 3. Garage Plan: David McLean, Architectural Design Services, Production Title: Garage, Drawing #1 Title: Elevations, Designer: DAM, Scale: '/4" = 1', Date: 2/8/2019, Front Elevation, Right Elevation, Rear Elevation, Left Elevation, Drawing #2: Garage, Floor Plans & Foundation, and Designer: DAM, Drawn by: DAM, Scale: '/4" = 1', Date: 2/8/19. 4. The Board issues a Variance; the required side yard Variance is 15 ft., and the applicant has 12 ft.,the relief will be in the amount of 3 ft. 5. There is no habitable space allowed in this garage. 6. Conditioned on all Town Department comments read into the record. 3