01/23/2013 ZONING BOARD OF APPEALS Decision

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MEETING ZONING BOARD OF APPEALS Barry A. and Lois S. Sahl 7 Chicory Circle Mashpee,MA 02649 V-2013-01 GENERAL FINDINGS: The subject lot is situated on a cul-de-sac that consists of 12,832 square feet, is irregularly shaped and backs up to common open space. SPECIFIC FINDINGS: 1. The Board determined that a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the Petitioner due to the following: • The unique circumstances relating to the significantly sloping topography and the odd shape of the subject property restrict location of the proposal, which factors especially affect such land or structure, but do not affect generally the zoning district in which it is located. 2. The Board detennined that 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 due to the following: • The dwelling is a one and three quarter story three (3) bedroom single family residence containing some 1,964 square feet of living space. The premise is situated in the R-3 Zoning district, which calls for minimum lot size of 40,000 square feet, and rear and side yard setbacks of 15 feet. • The structure is situated 12 feet from one side line; with the inclusion of the deck it is 7.9 ft. from the rear property line. The proposed addition, on the left hand side of the rear of the dwelling will bring that back North East corner of the addition with 7.4 feet of the property line. This is a cluster sub-division; lot coverage is 30%, front setback is 30,rear setback 20, side setback is 15. In view of the foregoing, the Board determined the Petitioner met the criteria for the Variance. Upon motion duly made and seconded at the Public Hearing on February 13, 2013. The Zoning Board of Appeals voted unanimously to grant a Variance to allow for the proposal. This Decision is conditioned upon compliance with Yankee Survey Land Survey Company plan entitled: site plot plan referring located at 7 Chicory, prepared for Barry Sahl, November 1, 2012 revised November 7, 2012, 7.4 ft on the original plan. 2