09/09/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Robert N. Dias and Katie M. Fox 29 Saddleback Road (Map 44 Parcel 113) Mashpee, MA 02649 V-2015-37 Mr. Goldstein requested an updated plan showing the existing and proposed lot coverage. Mr. Furbush would like to have the plans showing the two sheds with the dimensions. Mr. Blaisdell said the updated plans should depict the following; present and proposed lot coverage, two sheds, and indicate the particular shed that will be removed. GENERAL CRITERIA: The subject property located at 29 Saddleback Road is approximately 26,501 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, September 9, 2015, the Zoning Board of Appeals voted unanimously to issue a Variance to Robert N. Dias and Katie M. Fox of 29 Saddleback Road of the side yard setback of the road named "Bridle Path" in the amount of 17'6" to allow for construction of a 24' x 28' attached garage and a 8' x 15' mudroom addition on property located in an R-5 Zoning District. Assessors Map 44 Parcel 113, Mashpee, MA. Referencing a plan that needs to be corrected titled; "A Plan by CapeSurv,23 West Bay Road, Suite G, Osterville,MA 02655, Sheet # 1 of 1: Titled: "Plan of Proposed Garage & Breezway" at 29 Saddleback Road, Mashpee, MA. Dwg# C821_1G, Scale: 1" = 30', Dated: 18/AUG/15. Submitted by: Richard R. L'Heureaux,No. 34312 Registered Land Surveyor. The updated plan needs to depict two existing sheds, one of which will be removed and one will remain. Also referencing the Board of Health comments dated September 9, 2015. The Board also requested the first floor plan to be revised. 2