09/22/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Peter D. Jamieson 4 East Road Mashpee, MA 02649 V-10-37 SPECIFIC FINDINGS: The subject property is located at 4 East Road and consists of 27,061 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 found that: 1. the subject property is a corner lot abutting three streets; therefore, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant. 2. other homes on East Street do not meet the 40-foot front setback requirements; therefore, 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. 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 September 22, 2010 to grant the following: • a Variance of 6.5 feet from the front setback requirements from East Road. • a Variance of 4.3 feet from the front setback requirements from Pimlico Pond Road. This Decision is conditioned upon compliance with Sweetser Engineering plan entitled: "As-built Plot Plan Mashpee, Mass. Lots 13, 14, 15, 16 & 17 East Road Date: 2/13/03". 2