08/26/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Kenneth D. Klint and Sharon Boyd Klint, Trustees 22 Leeshore Drive (Map 102 Parcel 54) Mashpee, MA 02649 V-2015-28 Mr.Furbush read the Inspection Department comments into the record; "the area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area — listed as "Moderate Sensitivity". The property is within the Seabrook Village Cluster, which requires a detached garage to be no closer than 20 feet to the rear property line. But the applicant is seeking a Variance to be closer to the rear property line." GENERAL CRITERIA: The subject property located at 22 Leeshore Drive is approximately 17,449 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, August 26,2015,the Zoning Board of Appeals voted unanimously to issue a 4 ft. Variance to the applicants. Referencing the following; Plot Plan titled: Plan of Proposed Garage Prepared for Kenneth Klint, 22 Leeshore Drive, in Mashpee, MA. Seabrook Village, Map 102 Parcel 54. Scale: 1"= 20', Date: Jan. 15, 2015, by Holmes and McGrath, Inc. Civil Engineers and Land Surveyors, 205 Worcester Ct, Unit A4, Falmouth, MA. Signed by Michael B. McGrath, No. 28978 Registered Engineer. Drawn: PJR, Job No.: 215001, DWG. No.: 88-4-63, Sheet 1 of 1. Also referencing Elevation Building Plans, 1 through 6 inclusive, drawn by David McLean, Architectural Services, dated 7/19/15, Design: DAM, Scale: 1/"= 1'. Conditioned upon the following; septic inspection performed July 21,2015 as required. No habitable, heated space above allowed. 2