12/11/2019 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owner, Diana M. Leccese 44 Barbary Circle (Map 96 Parcel 104G) Mashpee, MA 02649 V-2019-57 The Board wanted to confirm that the relief request was for only the front yard setback. The current setback is 26.9 ft. on the north side of the house. Steve said the garage is 28 ft., so the Variance request is 12 ft. from the front yard setback. The reason for the Written Finding request is because the project is not any more non-conforming than what currently exists. Mr. Goldstein read the Board of Health and Conservation Department comments into the record. There were no more comments from the Board or audience. GENERAL CRITERIA: The subject property located at 44 Barbary Circle is approximately 24,600 square feet. There were no abutters present. 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, January 8, 2020, the Zoning Board of Appeals voted unanimously to issue a Variance in the amount of 12 ft. of the front yard setback to Diana Leccese of 44 Barbary Circle 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—Existing Conditions for 44 Barbary Circle, Prepared for Diana Leccese . &Bill Ferner,Plan date: July 29,2019,Plan Scale: 1"=20',Prepared by: Falmouth Engineering, Project Number: 13008, CAD File Name: 13008SP 2019, Drawn by: LM/KB, Sheet 1 of 2. 2