06/24/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Arthur A. Jacobson 50 Wilann Road (Map 46 Parcel 52) Mashpee, MA 02649 V-2015-22 Mr. Mendoza wanted to know where the plumbing would run for the rinse station. Mr. Cook said the underground water line will be between the deck and chimney where the gas meter is. There will be a wooden frame with stone underneath. Mr.Blaisdell read the Board of Health comments into the record;"Septic inspection required prior to Building Permit sign-off. New garage to be 10 feet from existing leaching facility." Mr. Furbush read the Inspection Department comments into the record: "The area is zoned R5 and the property is in the Pre-contact Archaeology Sensitivity area- listed as "Moderate Sensitivity". Proposed garage will be short 6.4 feet from the 25 foot side yard requirement. GENERAL CRITERIA: The subject property located at 50 Wilann Road is approximately 20,000 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, June 24,2015,the Zoning Board of Appeals voted unanimously to issue a 6.4 foot Variance on the south side setback. The Variance will not be detrimental to the neighborhood than what exists today, and will not nullify from the intent of the existing bylaw. Referencing a site plan prepared by Cotuit Bay Design, Richard J. Hood, PLS, Land Surveyors — engineers, 35 Timberland Drive, Mashpee, MA. Job No.: 15104, Dated May 15, 2015, Scale: 1" = 30'. Also referencing a floor plan prepared by Cotuit Bay Design, LLC, 43 Brewster Road, Mashpee, MA, titled; New Addition for: Coburn/Jacobson Residence, 50 Wilann Road,Mashpee,MA. Front Elevation, Scale: 1/"= l'0", dated 5/11/2015 Drawing No: Al and A2. 2