08/26/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE John A. Hayden and Janet L. Hayden 26 Cross Tree Way(Map 112 Parcel 24) Mashpee, MA 02649 V-2015-31 Mr. Furbush read the Board of Health comments into the record; Septic inspection performed as required on July 27,2015. Floor plans reviewed,no issues, and Conservation Comments into the record; no issues for the deck. The applicant did not get approved for the sunroom. Mr. Cook stated that the homeowners were planning on constructing the sunroom within the next two years and he wanted to save them time and money. Mr. John Hayden, homeowner stated he has no intension to build the sunroom this year. He is willing to withdraw or will accept any condition submitted by the Board. There will have to be approval by the Conservation Commission before building the sunroom. He wants to extend the addition so he can move into the home full time. GENERAL CRITERIA: The subject property located at 26 Cross Tree Way is approximately 16,284 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 12 ft.Variance for the applicant to allow for construction of the proposed addition. The applicant is required to obtain Conservation approval for the sunroom prior to the issuance of a building permit. Conservation approved the proposed addition only. Referencing a Site Plan prepared for John Hayden of 26 Cross Tree Way, Mashpee,MA. By J.E. Landers-Cauley, P.E., Civil Engineering, PO Box 364 West Falmouth, MA. ASS. #112-24,Date: 05/07/15, Scale: 1"= 10', Drawn by: JDR, Job No. 2465PROP, Sheet 1 of 1, Rev. 07/23/15. Also a set of plans Al &A2 drawn by Cotuit Bay Design LLC,43 Brewster Road,Mashpee,MA. Scale: 1/4"= l'0". Titled;New Addition, Hayden Residence, dated 7/21/2015. 2