11/09/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS James L. Galvin III, Trustee 27 Popponesset Island Road Mashpee, MA 02649 V-2011-41 GENERAL FINDINGS: The subject property is located at 27 Popponesset Island Road and consists of 16,200 square feet of land. VARIANCE CRITERIA/SPECIFIC FINDINGS: 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 circumstances: o the unusual, triangular shape of the subject property, which especially affects such land, but does not affect generally the zoning district in which it is located. o the subject property is surrounded by public ways on three sides and has two font setbacks. • the abutting dwelling to the west of the subject property is situated closer to Popponesset Island Road than the Petitioners' dwelling; therefore, the proposal will not be out of character with the neighborhood; and 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. • the proposal has received Board of Health approval. • the Petitioner meets the criteria necessary for grant of Written Finding under Section 174-17 of the Zoning By-laws. In view of the foregoing, the Board detennined that the Petitioner met the criteria for grant of Variance relief. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on November 9, 2011 to grant the following: • a Variance of 21.5 feet from the front setback requirements from Compass Circle to allow for the pool. • a Variance of 4.6 feet from the front setback requirements from the corner of the garage to Compass Circle to allow for the garage. • a Variance of 24.22 feet from the front setback requirements to Popponesset Island Road to allow for the garage. This Decision is conditioned upon compliance with the following: • Conservation Commission approval. • Warwick & Associates, Inc. plan entitled: "Site Plan Proposed Garage and Pool For James L. Galvin III, Trustee, 27 Popponesset Island Road, New Seabury, Mashpee, Mass. Date: 04/25/2011, Rev: 09/16/2011". • RESCOM Architectural Inc. plan entitled: "Floor Plans & Site Plan. The Galvin Residence 27 Popponesset Island Road New Seabury, Mashpee, Massachusetts. Date: 08-16-11". 2