12/08/1999 ZONING BOARD OF APPEALS Decisions

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Mashpee Board of Appeals -2- October 29, 1999 Commission under a Notice of Intent application for permission to construct a 3 bedroom house. We have met with Conservation Commission staff, and attended a public hearing for the proposed house. In order to gain approval for the proposed house, we have designed the house location to conform to the minimum standards of both the local wetlands regulations and the state wetlands regulations. These minimum standards require a minimum setback of 35' from the limit of work and the construction. Conformance with the minimum standards of the wetlands regulations places the house less than 40 feet from the front property line and in violation of section 174-31 . The Conservation Commission voted to approve the proposed house and associated construction shown on the plan conditioned upon approval of a variance from the Board of DO Appeals. Parcel 40 is located in a subdivision that was created D prior to the current setback requirements of section 174-31 . Many, if not all houses in this neighborhood do not and can not conform to these requirements . Parcel 40 is one of the only remaining undeveloped lots in the subdivision. If the variance requested is not granted, a substantial hardship will result to the owner. The lot was created for the purpose of a residential house. If the lot cannot accommodate a residential house, the value of the lot will be greatly diminished thus resulting in a substantial financial hardship to the owner. The proposed house is modest in size by today' s standards, the house was specifically designed to fit as practically as possible on this lot. Construction of a house in this location will not cause any additional detriment to the surrounding neighborhood than a house that was in strict conformance with the zoning by-law. The proposed house meets the minimum setbacks from both side property lines as well as the rear property line. The property across the street is vacant. Construction of a house on Parcel 40 will therefore not impact on any views of vistas to the abutting pond. In fact, strict compliance with the front yard setback would place the house in the same view lines as the proposed house.