02/22/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Robert H. Wittstein and Maura B. Wittstein 55 Monahansett Road Mashpee, MA 02649 V-2012-4 General Findings: The subject property is located at 55 Monahansett Road and consists of 9,095 square feet of land. Variance Criteria/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: • unique circumstances relating to soil conditions with the presence of wetlands and inland bank on the subject property, which especially affect such land or structure,but do not affect generally the zoning district in which it is located. 2. The Board determined 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 proposal will increase lot coverage from 13.8% to 16.1% of upland area, well below the 20%maximum. • that the proposal will be an attractive improvement to the existing dwelling. • that the proposal is comparable to renovations made to neighboring homes. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Variance. Upon motion duly made and seconded at the Public Hearings on February 22, 2012, the Zoning Board of Appeals voted unanimously to grant a Variance of 11 feet from the proposed deck to the edge of the Bordering Vegetated Wetlands. This Decision is conditioned upon compliance with Engineering Works, Inc. plan: "Proposed Deck and Stairway, 55 Monahansett Road, Mashpee, MA. Prepared for: Robert Wittstein, 280 Webster Woods Lane, No. Andover, MA. Date: 1/23/12". 2