04/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Jeffrey T. and Christine J. Dennis 19 Park Road Mashpee,MA 02649 V-11-08 At the April 27, 2011 Public Hearings, Mr. and Mrs. Dennis said that the plans have been revised with reduction of the deck size and removal of the existing shed. Proposed lot coverage is 25%. GENERAL FINDINGS: The subject property is located at 19 Park Road and consists of 5,000 square feet of land. 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 sloping 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 and the lot coverage requirements. 2. because all the neighboring parcels are similar in size to the undersized 5,000 square-foot subject property, 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-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 27, 2011 to grant the following: 1. a Variance of 20.6 feet from the front setback requirements, using the average setback rule. 2. a Variance of 16.06 from the southerly side setback requirements. 3. a Variance of 5% from the lot coverage requirements — an increase from 18% to 25%. This Decision is conditioned upon removal of the existing shed from the property and upon compliance with Eastbound Land Surveying, Inc. plan entitled: "Certified Plot r Plan, Dennis Residence 19 Park Road, Mashpee, MA, Revision Note: Per Board Comments 4/13/2011, Date: 4-20-11, Robb Sykes, P.L.S.". 2