06/24/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Donald E. Pogorzelski and Milica Pogorzelski 4 Waterline North Drive (Map 120 Parcel 174 Mashpee, MA 02649 V-2015-23 Mr. Furbush read the Conservation Comments into the record; "Yes, Conservation approved 4 Waterline Dr. North". Mr. Furbush read the Inspection Department comment into the record; "The area is zoned R3 and the property is in the AE Flood zone. The property is also in the Pre-Contact Archaeology Sensitivity area listed as "High Sensitivity". Because the shed will be placed within the AE Zone, it will need to be secured to site, secured to the site with sono-tubes or any other method approved by either FEMA and or the Massachusetts State Building Code for building in an AE Zone." Mr. Furbush read the Board of Health comments into the record; "Pool shed to be seasonal in nature. No heat." GENERAL CRITERIA: The subject property located at 4 Waterline North Drive is approximately 19,200 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 Petitioners 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 Variance stating it will not be detrimental to the neighborhood and will not nullify or derogate from the existing bylaw. The Variance approval is for 21 feet from the wetlands for the shed and 32 feet from the wetlands for the pool. Referencing a Proposed Site Plan submitted by Cape &Islands Engineering,project address: 4 Waterline North Drive,Mashpee, MA. Owner of Record: Donald & Milica Pogorzelski, 20 Bryant Street, Cambridge, MA. 02138, dated: 2/10/15, Revision date: 4/2/15, Relocated pool, patio and changed shed, made by: MC, Checked by: MC. 2