12/09/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Suzanne M. McCartney and Kevin G. McCartney 29 Melissa Avenue (0 Melissa Avenue) (Map 21 Parcel 7B) Mashpee, MA 02649 V-2020-49 The site plan depicted an 8 ft. x 12 ft. shed that is beyond the 50 ft. setback, and meets the setbacks as required under the Zoning bylaw. The Board confirmed that the shed is located 5 ft. from the property line. The Conservation Department and the Building Inspector comments were read into record. 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 Petitioners met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, December 9, 2020, the Zoning Board of Appeals voted unanimously to issue a Variance under§174-31 (Land Space Requirements)of the Zoning By-Laws to vary the rear setback, side setbacks, and lot size requirements to allow for construction of stairs, platform, and dock complex on a vacant parcel of land on property located in an R-5 Zoning District, 0 Melissa Avenue, Map 21 Parcel 7B, Mashpee, MA. 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2. Site Plan: Prepared for: Suzanne M. McCartney, 29 Melissa Avenue, Mashpee, MA. Project: 0 Melissa Avenue, Mashpee, MA. Sheet No.: 1 of 1, Date: January 20, 2020, Drawn by: RLR/ JVB, Checked by: MC, Prepared by: Cape & Islands Engineering, Drawing Title: Proposed Pier Plan, Signed by: Matthew C. Costa, No.: 52282 Professional Land Surveyor. 3. The Board issues a Variance in the amount of; Lot size: 68,200 sq. ft., rear yard setback,6.0 ft.,side yard setback Northerly side;6.5 ft.,side yard setback Southerly side; 9.5 ft. 4. Conditioned on all Town Department comments read into the record. 2