08/27/2014 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Michael Moskowitz 146 Popponesset Island Road (Map 112 Parcel 10) Mashpee, MA 02649 V-2014-38 22 Minimum front building setback within the Mashpee Center Overlay District shall be twenty(20)feet and maximum allowed building setback for the principal structure on a lot shall be forty(40)feet. History:Added 10-17-2005 ATM,Article 18,approved by Attorney General 3-7-2006 23 Minimum required setback from rear or side property lines shall be five (5) feet for sheds or similarly non-inhabitable structures not exceeding 120 square feet in floor area or twelve(12)feet in height. History: Added 10-17-2005 ATM,Article 13,approved by Attorney General 3-7-2006 The Board notes the provisions of G.L. c. 40A, §10, which provide that a variance may be granted due to circumstances relating to soil conditions, shape or topography of land or structures which affect such land or structures but not the subject zoning district generally, a literal enforcement of the bylaw would involve a substantial hardship to the petitioner, and desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. In consideration of the physical characteristics and topographical conditions of the subject property, which includes the presence of wetland soils and the proximate location of bodies of water around the lot, together with the pre-existing nature of the dwelling on and roadway providing access to the lot, the Board finds that the applicant has established a hardship warranting relief from the provisions of Bylaw§174-31,that a literal application of said Bylaw to the subject lot would involve substantial hardship with respect to the applicant's reasonable use of the lot, and that the grant of a variance from the access roadway requirement of§174-31, as requested, would not derogate from the purpose and intent of the Bylaw, nor would it generate any substantial detriment to the public good. In view of the foregoing, the Board determined that the Petitioner met the criteria for a Variance.Upon motion duly made and seconded at the Public Hearing on August 27, 2014, the Zoning Board of Appeals voted unanimously to grant a Variance under §174-31 (Land Space Requirements)of the Zoning By-laws and M.G. L. Chapter 40A§10 for relief from the front yard requirements to allow for construction of a 528 sq. ft. addition and living space above garage on property located in an R-3 Zoning District at 146 Popponesset Island Road,(Map 112 Parcel 10),Mashpee,MA. The Board issues a 7.3 foot front setback variance from Popponesset Island Road, which is 32.7 feet from the 40 foot requirement, and a 5 foot variance on the North side. Referencing a plot plan prepared by BSS Design Engineering & Surveying, Scale = 1" = 20', dated July 8, 2014, drawn EJP, TJB, job number 14008,Drawing number B22-19, for Michael Moskowitz, 146 Popponesset Island Road, Mashpee, MA. 6