08/27/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Leslie A. Wagner Caffyn 10 Popponesset Island Road (Map 105 Parcel 267A) Mashpee, MA 02649 V-2014-40 History: Added 5-3-1993 ATM,Article 12,approved by Attorney General 7-19-1993. History: Amended 5-6-1997,ATM,Article 46,approved by Attorney General 9-25-1997. 19 These setback requirements shall not apply to the following building projections provided they do not exceed the sizes specified, as measured from the foundation line along a line perpendicular to the nearest property line: chimney projecting no more than three (3) feet,house overhang projecting no more than two (2)feet,roof overhang projecting no more than three and one-half(3 1/2)feet,and open decks or platforms used for egress projecting no more than four(4)feet.These setback requirements shall also not apply to stairs required as a means of egress,basement bulkhead of the hatch door type or handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person,as defined in MGL C.22, §13A. History: Added 10-4-1993 ATM,Article 26,approved by Attorney General 10-18-1993. 20 Minimum front building setback within the Mashpee Overlay District shall be twenty (20) feet and maximum allowed building setback for the principal structure on a lot shall be forty(40)feet. Except as required by§174-25.1. History: Added 10-4-1999 ATM,Article 29,approved by Attorney General 1-11-2000. History: Amended 10-7-2002 ATM,Article 22,approved by Attorney General 11-27-2002 21 Except that hotels and motels(and not other uses) approved by the Planning Board under the provisions of§174-45 may be increased to three(3) stories and forty five(45)feet,if approved by the Board,provided that there is adequate access for Fire Department vehicles and equipment and that all Fire Protection Construction Documents required by 780 CMR Subsection 903.1.1 of the Massachusetts State Building Code, have been submitted to the Planning Board and Fire Department as part of the special permit application and the Board is satisfied that the standards of said Subsection will be met. History: Amended 10-18-2004 ATM,Article 40,approved by Attorney General 12-16-2004 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 noninhabitable 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. 6