06/23/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Ethan S. and Sandra G. Bornstein 4 Pine Avenue Mashpee,MA 02649 V-10-24 The topography of the property steps down approximately 3.5 feet in grade with a stonewall surrounding the entire back portion of the lot with a drywell under the patio area. GENERAL FINDINGS: the subject property is located at 4 Pine Avenue and consists of 5,000 square feet of land. VARIANCE CRITERIA: Chapter 40A: Section 10 states: 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. the sloping topography of the subject property affects the land and structures,but does not affect the zoning district in which it is located; therefore a literal enforcement of the By-laws would involve substantial hardship to the Petitioner. 2. the proposal shall improve the overall appearance of the yard with removal of the trash bins that are currently stored outside; therefore, desirable relief may be granted without substantial detriment to the public good. 3. desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the By-laws. 4. there is adequate parking on the property. 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 on June 23, 2010 to grant a Variance of 1% from the lot coverage requirements,bringing the total lot coverage of the existing dwelling along with the proposed shed to 25.6%. This Decision is conditioned upon the following: • the front of the shed shall be installed at a minimum of 35 feet away from Pine Avenue. • installation of two cedars in front of the shed facing Pine Avenue. • compliance with Cape &Islands Engineering Plan entitled: "Plot Plan of Land Located in Mashpee, Mass. Prepared For Ethan Bornstein Date: Mar.9.2009 Rev'd June 21, 2010 Lot Coverages." 2