09/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE: DENIED Janet E. and Barry Krock, Trustees 4 Cross Street Mashpee, MA 02649 V-2012-43 Town Counsel Costello recited the applicable By-law criteria for Variances and reminded the Board to focus on the specific criteria for grant of a Variance in the course of the Board's deliberation. The Board carefully and extensively reviewed all of the testimony and the plans. VARIANCE CRITERIA §174-28 of the Zoning By-laws. Conformance Required A. No building or structure shall be built, nor shall any existing building or structure be enlarged or altered except in conformance with the regulations of this Zoning Bylaw as to lot coverage, lot area, land area per dwelling unit, lot width, front, side and rear yards and maximum height of structures in the several districts as set forth below except as may otherwise be provided elsewhere in this Zoning By-law. M.G.L. Chapter 40A §10. The pennit 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 appeal or 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 specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or By-law would involve substantial hardship, financial or otherwise, to the Petitioner or appellant, and 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. A Decision of the Zoning Board of Appeals granting a Variance cannot stand, unless all the Board specifically finds that each statutory requirement has been met. FINDINGS: 1. The property in question is located at 4 Cross Street, Mashpee, Massachusetts (Assessor's Map 128 Parcel 15). 2. The property contains a total of 5,000 square feet. 3. The property is located in an R-3 zoning district. 4. The minimum lot size in an R-3 zoning district is 40,000 square feet. 5. The minimum frontage in an R-3 zoning district is 150 feet. 6. The setback requirements in an R-3 zoning district are as follows: a. Front—40 feet b. Rear— 15 feet c. Side— 15 feet 7. The maximum lot coverage allowed in an R-3 zoning district is 20%. 8. The maximum lot coverage in M zoning district in the Town of Mashpee is 25%, and that is for an I-1 (industrial) zoning district. 3