03/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE George L. Hodgson and Kathleen J. Hodgson 17 Cedar Street(Map 77 Parcel 37) Mashpee, MA 02649 V-2019-20 Mr. Furbush said he viewed the project area, and agrees this is a topography hardship issue. The Board requested that the applicant write his name and initial the plan with the lot coverage dimensions as existing 4.1%, and 14.7%proposed. Mr. Bonvie wanted confirmation that the received an order of conditions with Conservation. Mr. Blaisdell read the Conservation Comments into the record. Jonathan read the Board of Health, Inspection, and DPW Department comments into the record. Mr. Bonvie wanted confirmation from the applicant that the stairway to the dock will require a 50 ft. Variance. Mr. Tavares said; yes. GENERAL CRITERIA: The subject property located at 17 Cedar Street is approximately 38,988 square feet. There were no abutters present. VARIANCE CRITERIA: §174-33 — Setback from water and wetlands: Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least(50') feet from any water or wetland as defined by MGL C. 131, §40. 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, March 27, 2019, the Zoning Board of Appeals voted unanimously to issue a Variance in the amount of 50 ft. in reference to setback from the wetlands due to the fact that the entire structure will be located within the wetland setback area to George L. and Kathleen J. Hodgson under §174-33 of the Zoning Bylaws to allow for construction of an elevated stairway to a dock situated within the wetlands resource area on property located in an R- 3 Zoning District, Map 77 Parcel 37, Mashpee, MA. 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10 being lot topography. 2