11/10/2021 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, Louis Pinheiro and Maria M. Pinheirc 75 Sunset Circle (Map 64 Parcel 8) Mashpee MA 02649 V-2021-58 The property has been improved with a 3-bedroom ranch style single-family residential structure and fails to meet the 15 ft. side yard setback from its northerly property line where the deck is only 8.9 ft. and the dwelling is 11.1 ft. from the property line. The dwelling also does not conform to the 40 ft. front yard setback, but meets the average setbacks of the structures on either side and is considered to be conforming. The application is for Special Permit relief for an alteration or extension of a pre-existing non -conforming structure. The proposed Variance relief was applied for because of the 8.3 ft. from the southerly property line. Therefore the applicants are seeking a 6.7 ft. variance from that line. The Board has the discretion to grant variance relief if the applicant can demonstrate that a hardship exists due to the shape and topography, and other soil conditions on the lot, and will not nullify the intent of the bylaw. In this particular case the site plan demonstrates a significant change in the angle of the lot line to the South thereby rendering the front portion of the lot narrower than the rear portion of the lot near John's Pond. The Board has the discretion to approve the project with conditions upon approval from the Conservation Commission and/or if any changes to the plan would require a refiling with the Zoning Board of Appeals. Chairman Furbush asked what the additions include. Attorney Kirrane said that the additions include a second floor to the main dwelling and above the garage. The structure remains a 3-bedroom dwelling. Mr. Furbush agreed that the lot is odd in shape. Mr. Goldstein questioned the variance request. Attorney Kirrane said that the application does not include the front yard setback because it meets the average setbacks on both sides. There is a slight bump -out in the front, however the question really becomes whether or not it is getting closer than the average setbacks, but the fact that it is an average setback and not meeting the 40 ft. setback makes it a non -conforming condition. The question is does this require a variance or is it a non -conforming condition even though it's an allowed condition because it meets the average setbacks. The Board can include this as part of the Special Permit for alteration or change. GENERAL CRITERIA The subject property located at 75 Sunset Circle is approximately 15,148 square feet. There were two abutter letters read into the record who are in favor of the project. The Board read the comments submitted by the Conservation Department and Board of Health into the record. There were no more comments from the Board. 2