02/13/2013 ZONING BOARD OF APPEALS Minutes

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• MASHPEE ZONING BOARD OF APPEALS FEBRUARY 13, 2013 MINUTES The structure is situated 12 feet off one side line and with the inclusion of the deck 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 comer of the addition within 7.4 feet of the property line. The property backs up to a common area open space owned by the Greenwood Association. Attorney Kirrane stated that intrusion of the cul-de-sac as well as the odd configuration of the rear lot lines and creates hardship for the Petitioner to meet the setback requirements. Attorney Kirrane suggested that variance relief can be granted without substantial determent to the neighborhood. He submitted a copy of a letter from the President of the homeowner's association indicating their support of the proposal. He also submitted a copy of a letter from the abutter which indicates they have no objection to the proposal. Attorney Kirrane said that relief, if granted, would not derogate from the intent of the • Bylaw. The intent of the Bylaw requiring setbacks is to establish a certain degree of space in privacy between the abutting property owners and in this particular case, the only property owners. In this particular case, the only property owner that is impacted by the movement of this structure closer to the rear property line is the common open space owned by the homeowner's association and is not occupied by a dwelling. Mr. Furbush mentioned; this is a cluster sub -division; lot coverage is 30%, front setback is 30, rear set back 20, side setback is 15. Mr. Bonvie, read the letter from Green Wood Homeowners Association Letter dated November 7, 2012 from William Archer, President. The Greenwood Homeowners Association, Board of Directors, voted to approve your request for a variance for set back from Association land per your plans as submitted. Please be sure to follow all town and state requirements pertaining to the planned addition. Sincerely, William Archer, President. Mr. Furbush read the letter from Michele & Ryan Staats and Rosemary Tuohey, dated September 2012. We support the proposed plans for Lois & Barry Sahl's addition. Neighbors at 13 Chicory Circle. Signed, Michele & Ryan Staats & Rosemary Tuohey. 2