12/13/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Joseph P. Gardner, et al Trustees V-00-210 2 Board of Appeals Mr.Nelson remarked that the plan does not show the large deck that exists on the property. Mr. Pesce confirmed that the Conservation Commission has demanded removal, relocation and reconstruction of the deck. No comments were received from abutters. 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. GENERAL FINDINGS 1. that the subject property is located at 175 Surf Drive and consists of 15,275 square feet. SPECIFIC FINDINGS F The Board determined that: 1. the subject property is impacted by wetlands;therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. without relief the lot could not be used for a residence,the purpose for which it had been laid out and for which the balance of the undersized lots in the subdivision were being used;therefore, relief may be granted without detriment to the public good and without derogating from the intent or purpose of the By-laws. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on January 10, 2001 to grant the following: 1. a Variance of 4.9 feet from the front setback requirements. 2. a Variance of 19.7 feet from the setback requirements to water and wetlands on the rear of the property. The Variance is conditioned upon compliance with plan entitled: "Applicants: Joseph and Nina Gardner, 14 Nash Street, Westborough, MA., Existing Foundation and Proposed Deck, 175 Surf Drive, Mashpee,MA., Date: 11 Jan. 2001, Pesce Engineering &Associates".