03/28/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Matt DeSutter and Donna Paglia 26 Waterway Mashpee, MA 02649 V-2012-7 General Findings: The subject property is located at 26 Waterway and consists of 9,600 square feet of upland with a total of 11,200 square feet of land. 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 salt marsh on 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. • the sloping topography and odd shape of the property restrict location of the proposal. 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: • that the proposal to remove an old dwelling and replace it with a new home will be an attractive improvement to the property and neighborhood. • that the proposal is comparable to renovations made to neighboring homes. • landscaping plans to replace an extensive portion of lawn area with indigenous plantings will be a substantial improvement to the environment. 3. The Board determined that the Petitioner met the criteria for grant of a Written Finding under Section 174-17 and a Special Permit under Section 174-20 of the Zoning By-laws to allow for the proposal. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of Variance relief. Upon motion duly made and seconded at the Public Hearings on March 28, 2012, the Zoning Board of Appeals voted unanimously to grant the following: • A Variance of 5 feet from the front setback requirements to the proposed pool. • A Variance of 11.4 feet from the northerly side setback requirements to the proposed pool. • A Variance of 21 feet from the setback requirements to water and wetlands to the proposed pool. This Decision is conditioned upon compliance with the following: • Board of Health requirements: dwelling is restricted to 4 bedrooms. • Conservation Commission Order of Conditions. • BSS Design Engineering & Surveying plan "Plot Plan — Proposed House, Prepared for Matt DeSutter 26 Waterway — New Seabury Mashpee, Massachusetts, Date Jan 28, 2012". • New Seabury Homeowners' Architectural Review Committee approval. 2