12/09/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, George L. Hodgson and Kathleen J. Hodgson 17 Cedar Street(Map 77 Parcel 37) Mashpee, MA 02649 V-2020-47 A mitigation plan was given to Conservation because there is some disturbance around the ground area. The old stairway is much closer to the property line, but it did not encroach on the setbacks. The setback is 68.5 ft. and 57.43 ft. The dock is in the same location, the only change is the walkway. Chairman Furbush asked if the dock was built. Mr. Tavares said; no, the license was submitted, and the dock will be built this winter along with the elevated walkway. The Conservation comments were read into the record. There were no other comments submitted. VARIANCE FINDINGS: • The Board determined that the lot has a significant slope toward Shoestring Bay. • The lot coverage is 14.6% and under the 20%requirement. • The proposed dock is situated over a paper road. 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. §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 fiom any water or wetland as defined by MGL C. 131, §40. 2