11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Petitioners, Jamie and Paul Saganey (Owner of Record: Daniel J. Saganey, Trustee of the Poppy Realty Trust) 28 Jeep Place (Map 118 Parcel 108) Mashpee, MA 02649 V-2019-54 Mr. Bunker pointed out the contour of the area on the plan showing the elevations ranging between 8 to 10 near the dune, and said the lowest location might puddle. The proposed garage will not be affected by storm water because it is outside the limit of the work. There are dry wells below the garage floor and it will have flood vents. Tom said that Lot 7A is lower ground level. The proposed driveway will prevent water from flowing onto Lot 7A. There's a trench drain along the west side of the driveway and is piped back toward the road. So any water that goes into the area of the garage could not possibly go onto Lot 7A because the dry wells will prevent that from happening. Mr. Bunker also mentioned in his experience that the flood zone is a wetland under the State regulations, but he doesn't believe anyone subtracts areas located in a flood zone from lot area. The Board read the comments submitted by the Board of Health, and the Conservation Department. 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. 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. SPECIFIC FINDINGS: In view of the foregoing, the Board determined the Petitioner met the criteria for Variance relief under §174-33 of the Zoning Bylaws for the proposed garage. Upon motion duly made and seconded at the Public Hearings on Wednesday, November 13, 2019, the Zoning Board of Appeals voted 4 to 1 to issue a Variance from the wetlands resource areas for 28 Jeep Place with the following conditions; The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10.