08/22/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Peter Costill 37 Monomoscoy Road West Mashpee, MA 02649 V-2012-3 8 VARIANCE CRITERIA The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon Petition with respect to particular land or structures a Variance from the terms of the applicable zoning ordinance or By-law where such permit granting authority renders the following specific findings owing to circumstances relating to the soil conditions, shape, or topography of such land or structures: SPECIFIC FINDINGS The Board detennined that: • the subject property is a corner lot with two front setbacks; therefore, the Petitioner faces substantial hardship to meet both front setback requirements. • the unique soil conditions and unusual topography affect the subject property but do not affect generally the zoning district in which it is located; therefore, literal enforcement of the By-law would involve substantial hardship to the Petitioner to meet the setback requirements from water or wetland. • the Petitioner met the criteria necessary for grant of a Special Permit allowing the boathouse as a principle use; therefore, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. 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, the Zoning Board of Appeals voted unanimously at the Public Hearings on June 8, 2011 to grant the following: • a Variance of 9 feet from the setback requirements from water or wetland. • a Variance of 4 feet from the side setback to Town-owned property. • a Variance of 28 feet from the front setback requirements from Overland Road. • a Variance of 26 feet from the front setback requirements from Monomoscoy Road West. This Decision is conditioned upon compliance with the following: • Cape & Islands Engineering Plan entitled: "PROPOSED BOATHOUSE LOCATED IN MASHPEE, MASS. PREPARED FOR PETER COSTILL, DATE: MAR.31.2008, REV'D MAY 15, 2008, MAY 20, 2008 JULY 11, 2008, MAY 15, 2011, MAY 31": • Board of Health proviso prohibiting installation of any plumbing service to the boathouse. 2