10/27/2010 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Stephen M. and Constance R. Goulet 207 Monomoscoy Road Mashpee, MA 02649 V-10-42 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: • Because the subject property abuts two streets and has two front setbacks, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise,to the Petitioner. • The above-referenced circumstance affects such land or structures but does not affect generally the zoning district in which it is located. • Given that the following will result in an improvement to the subject property and to the neighborhood,the Board determined 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: 1)parking will be relocated onto the property; 2) the proposed lot coverage will be reduced from 25%to 21%; 3)the southwesterly side setback will be improved; and 4)the proposal will conform to a rear setback requirement. • The proposed dwelling will conform to current building codes and will be an improvement to the subject property and to the neighborhood. • The Board determined that the Petitioner met the criteria necessary for grant of a Special Permit and Finding of Fact under Sections 174-17 and 174-20 of the Zoning By-laws and M.G.L. Chapter 40A Section 6 for permission to demolish a pre-existing, non-conforming structure and replace it with construction of a single-family residence on the subject property. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for grant of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on October 27,2010 to grant the following: • a Variance of 2.8 feet from the side setback requirements. • a Variance of 24.5 feet from the front setback requirements from Overland Road. • a Variance of 18 feet from the front setback requirements from Monomoscoy Road. • a Variance of 1%from the lot coverage requirements. This Decision is conditioned upon compliance with JC Engineering,Inc. plan entitled: "Proposed Site Plan at 207 Monomoscoy Road Mashpee,MA Prepared for: Capewide Enterprises Date: September 28, 2010". 1 2