08/12/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Nancy J. Cleary 4 Wheelhouse Lane (Map 120 Parcel 155) Mashpee, MA 02649 V-2020-25 The Board read the Conservation Comments into the record, and Board of Health did not have any comments. 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. GENERAL CRITERIA: The subject property located at 4 Wheelhouse Lane is approximately 14;000 square feet. There were no more comments from the Board, and no abutter comments. SPECIFIC FINDINGS: 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, August 12, 2020, the Zoning Board of Appeals voted unanimously to issue a Variance to Nancy J. Cleary at 4 Wheelhouse Lane under §174-33 (setback from wetlands) of the Zoning Bylaws to allow for construction of a stairway on property located in an R-3 Zoning District, (Little Neck Bay), Map 120 Parcel 155, 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: Proposed Porch and Stairs at 4 Wheelhouse Lane, Mashpee, MA, Prepared for Jack & Nancy Cleary, Prepared by: BSS Design Engineering & Surveying, Scale: 1"=20',Date: June 29, 2020,Drawn by: EJP,TJB,Checked by: TB,Job Number: 20003,Drawing Number: P-28-22, Stamped by: Thomas Jackson Bunker,No. 32653 Registered Land Surveyor. 3. Conditioned on all Town Department comments read into the record, including but not limited to the Conservation Commission requirements that the applicant seek. and obtain their approval. 4. The required setback is 50 ft. from the wetlands, the plan clearly depicts that there will be 23 ft., and the relief request from the wetlands is 27 ft. The North side setback requirement is 15 ft., the plan depicts is 14.8 ft. the required relief is .2 ft. The Southerly side of the property, the required setback is 15 ft. as depicted on the plan is 14.2 ft.,the required relief is .8 ft. 2