09/22/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Michael Cusack 40 Vista Circle Mashpee, MA 02649 V-10-35 GENERAL FINDINGS: The subject property is located at 40 Vista Circle and consists of 20,584 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: 1. due to the unusual(narrow, elongated) shape of the lot, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise,to the Petitioner. 2. that removal of the existing deck by the proposed construction will result in less of an encroachment into the setback; 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 2.1 from the side setback requirements to allow for construction of the sunroom. • a Variance of 1 foot from the side setback requirements to allow for the existing garage. This Decision is conditioned upon compliance with Yankee Land Survey Co., Inc. plan entitled: "Plot Plan of Land Located at 40 Vista Circle Mashpee, MA Prepared for Michael Cusack August 4, 2010". 2