04/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Nancy J. Cleary 19 Tide Run Mashpee, MA 02649 V-11-09 SECTION 174-33: SETBACK FROM WATER AND WETLANDS Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least fifty feet from any water or wetland as defined by M.G.L. Chapter 131 Section 40. VARIANCE CRITERIA: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting 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 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. SPECIFIC FINDINGS: The Board determined that: 1. due to the irregular shape and topography especially affecting the subject property, a literal enforcement of the By-laws would involve substantial hardship to the Petitioner to meet the setback requirements from water or wetlands. 2., desirable relief may be granted without substantial detriment to the public good. 3. the increase in lot coverage is de minimis, therefore, desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the By-laws. In view of the foregoing, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on April 13, 2011 to grant a Variance of 26 feet from water or wetlands to allow for the proposed addition. This Decision is conditioned upon compliance with BSS Design, Inc. plan entitled: "Plot Plan - Proposed Additions and Alterations Prepared for John & Nancy Cleary, 19 Tide Run,New Seabury, Mashpee,Massachusetts, Date: Dec 22, 2010". 2