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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> Sean B. Burke and Katherine M. Burke, Trustees <br /> 23 Monomoscoy Road West (Map 114 Parcel 8) <br /> Mashpee, MA 02649 <br /> V-2021-11 <br /> Also,this particular lot is a corner lot that fronts on Monomoscoy West,and also on Child's <br /> Road which is a paper road which has never been constructed. The platform is situated <br /> within 22 ft. of Child's Road, and requires Variance relief,as well as the rear yard because <br /> it does cross the mean high water which will serve as the rear yard lot line for the property. <br /> The Variance request is 22 ft. from the front yard requirement of 40 ft. from Child's Road, <br /> and a 5 ft. Variance from the rear lot line setback of the mean high water mark of the pond. <br /> Chairman Furbush agreed that he had a conversation with the Town Planner, and agreed <br /> that the Board has the right to issue a Variance. He has no issues and being a corner lot, <br /> there can be some request for relief. <br /> The Board read the Conservation Comments dated March 4,2021 into the record. "Conom <br /> requires notification of a I OA float licensed issued by the Harbormaster". <br /> GENERAL CRITERIA: <br /> The subject property located at 23 Monomoscoy Road is approximately 9,900 square feet <br /> (upland). <br /> There were no abutters present. <br /> VARIANCE CRITERIA: <br /> Chapter 40A: Section 10. Variances: <br /> The authority specifically finds that owing to circumstances relating to the soil conditions, <br /> shape, or topography of such land or structures and especially affecting such land or <br /> structures but not affecting generally the zoning district in which it is located, 1) a literal <br /> enforcement of the provisions of the ordinance or by-law would involve substantial <br /> hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief <br /> may be granted without substantial detriment to the public good and without nullifying or <br /> substantially derogating from the intent or purpose of such ordinance or by-law. <br /> VARIANCE FINDINGS: <br /> • The lot is bound on two sides by streets. <br /> • The mean high water mark serves at the rear lot line. <br /> • The Conservation Commission imposed conditions. <br /> 2 <br />