07/28/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, Barry W. Fenton and Sharon M. Fenton, Trustees of the 32 Jehu Pond Nominee Trust 32 Jehu Pond Road (Map 121 Parcel 3) Mashpee, MA 02649 V-2021-44 The lines to the north of the far end of Jehu Pond Rd. where the drive is situated is set off a stone drive, and is a considerable distance from any traffic. The purpose and intent of the bylaw is to provide that access and egress by granting relief for this particular situation, and does not derogate from the intent of the bylaw which is to allow for safe access and egress from a property, and in this case,the access and egress out to the driveway from this particular garage. Chairman Furbush confirmed the size of the lot being 42,685 sq. ft., and that no living space or heat will be installed in the garage. GENERAL CRITERIA: The subject property located at 32 Jehu Pond Road is approximately 42,685 square feet. There were no abutters present. 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 Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, July 28, 2021,the Zoning Board of Appeals voted unanimously to issue a Variance of the front yard setback to Owners, Barry W. and Sharon M. Fenton, Trustees under §174-31 of the Zoning Bylaws to allow for construction of a free standing garage on property located in an R-3 Zoning District, at 32 Jehu Pond Rd., Map 121 Parcel 3, 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