10/04/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Robert T. &Nancy B. Farrelly V-00-175 2 Board of Appeals = O� The Petitioner received Conservation Commission approval for installation of the nine-foot deck area. However,the Petitioner failed to request a Variance from the ZBA n for the addition of the deck. The addition of the deck calls for a Variance of five extra feet from the setback requirements to the water and wetlands, making the distance from the edge of the deck to the wetlands 18.3 feet. Mr. Gareth Orsmond of Rackeman, Sawyer&Brewster of Boston, represented abutters Mr. and Mrs. James Kelley of Milton, Massachusetts. He urged the Board to deny the Variance relief and demand that the Petitioner remove the deck because "it would set a terrible precedent"to grant a Variance after the construction. Mr. Orsmond said that the Massachusetts State Building Code does not require the installation of a deck or a landing to doors that open inward. He also claimed that the Variance relief being requested is "absolutely extraordinary relief'. Mr. Govoni stated that the Zoning Board of Appeals is duty-bound to consider all recommendations from the Building Commissioner and that the Board has the authority to issue Variances based on safety concerns. Attorney Gildea said that the Petitioner is making every effort to correct the mistake. Mr. Govoni confirmed that people have discovered after construction that their building encroached on the setback requirements and that the Board has granted Variances after the fact. I I i � I The Board voted unanimously to take the Petition under advisement until October 11, 2000 to enable three members to make a site visit to the subject property on October I!,I 10, 2000. At the Public Hearings on October 11, 2000,Messrs. Govoni,Regan and BBorgeson is id that t ensure safe theye subject property and agreed that a landing or necessary egress and ingress. GENERAL FINDINGS 1. that the subject property is located at 31 Starboard Lane and consists of over 13,300 square feet. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. SPECIFIC FINDINGS 1. that there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner.