12/11/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Petitioner, Thomas F. Smith(Owner of record: Janice Leonard, Trustee of the 161 Timberland Drive Realty Trust 161 Timberlane Drive (Map 22 Parcel 16C) Mashpee, MA 02649 V-2019-59 Chairman Furbush asked the specifics of the house. Mr. Smith said that the lot was vacant and he has been working on the house for two years. He started the process in 2016 and acquired a building permit in 2018 for the house. He said that the deck was permitted by the Building Department. He said he didn't know he needed to go in front of the Board until he had a frame inspection. Charlie said the issue is the setbacks from water and wetlands. He mentioned that the building has changed quite a bit. He questioned what the original plans were for the deck, and if in fact approved by the Building Commissioner. There was an upper deck added, and an extension put on the lower deck that wasn't part of the original plans which still fell within the'50 ft. setback. The Board had a discussion regarding the fact that the deck was built prior to any building department approvals. Chairman Furbush made his statement clear that if there are any more changes to the plan, the deck will be dismantled. The Board wanted to know if the applicant would require their approval for any stairway or structure leading toward Santuit Pond because it's a structure within the 50 ft. of the wetlands. Charlie noted that the area has a serious slope toward the water. There were no more comments from the Board. GENERAL CRITERIA: The subject property located at 161 Timberlane Drive is approximately 15,000 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. 2