06/11/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Louis J. and Louise M. DiMeo, Trustees 5 Compass Circle, (Map 105 Parcel 260) Mashpee, MA 02649 V-2014-27 Mr. Furbush asked what the.proposed dimensions were for the deck extension. The proposed plot plan depicted the patio addition,retaining wall and steps are 291 square feet. The wall is currently two feet wide and three feet high, and the pool is 31 feet long. Mr. DiMeo stated he is proposing to extend the deck four feet, so it will be a total of 6 feet. Mr. Jodka read the comments submitted by Drew McManus, Conservation Commission into the record; "Mr. DiMeo's project at 5 Compass Circle was approved at the hearing dated Thursday, May 22, 2014.No issues." Mr. Reiffarth read the comments submitted by Glen Harrington, Board of Health into the record; "No comments from the BOH are necessary regarding the deck at 5 Compass Circle." GENERAL CRITERIA: The subject property located at 5 Compass Circle consists of approximately 23,800 square feet. There were no abutters present. SPECIFIC VARIANCE CRITERIA: §174-33. Setback from water and wetlands Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least fifty(50) feet from any water or wetland as defined by MGL C. 131, §40. The Board determined that the 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 June 11, 2014. The Zoning Board of Appeals voted unanimously to grant a Variance to allow for the proposal. This Decision is conditioned upon compliance with a plot plan titled; "Certified Plot Plan for Patio Addition", by Cape & Islands Engineering, Summerfield Park, 800 ( Falmouth Road, Suite 301C, Mashpee, MA, signed by Christopher Costa P.L.S., dated 6/4/2014 for 5 Compass Circle, Mashpee, MA. 2