01/13/2021 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners of Record: Lawrence A. Palmer and Karen R. Palmer 63 Waterway (Map 105 Parcel 184) Mashpee, MA 02649 V-2021-02 Marshall said that he believes the average setbacks on Waterway and Halyard Lane would be 32 ft. The front yard setback request would be 32.5 ft.,and on the Halyard Lane side the request would be 35 ft. The side yard depicts 15.6 ft., and the rear is 46.8 ft. Jonathan had no issues. Ron wanted to know the setbacks when the lot was created in 1963. He recommended for future reference that the applicant research the setbacks because they may not have required a variance. Sharon read the Board of Health, Conservation, and Town Planner comments into the record. Marshall said that Tom Bunker filed a meeting with the Conservation Department and the Board of Health. Dave Morris, Building Commissioner said that if the lot is a legally non-conforming lot, the applicant would just apply for a building permit, and if variances were required they would be reviewed by the Building Department. There were no more comments from the Board. GENERAL CRITERIA: The subject property located at 63 Waterway is approximately 14,345 square feet. 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