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MASHPEE ZONING BOARD OF APPEALS
<br />DECISION FOR A VARIANCE
<br />Owners, Louis Pinheiro and Maria M. Pinheiro
<br />75 Sunset Circle (Map 64 Parcel 8)
<br />Mashpee MA 02649
<br />V-2021-58
<br />The authority specifically finds that owing to circumstances relating to the soil conditions,
<br />shape, or topography of such land or structures and especially affecting such land or
<br />structures but not affecting generally the zoning district in which it is located, 1) a literal
<br />enforcement of the provisions of the ordinance or by-law would involve substantial
<br />hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief
<br />may be granted without substantial detriment to the public good and without nullifying or
<br />substantially derogating from the intent or purpose of such ordinance or by-law,
<br />VARIANCE FINDINGS
<br />In view of the foregoing, the Board determined the Petitioner met the criteria for a
<br />Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday,
<br />November 10, 2021, the Zoning Board of Appeals voted unanimously to issue a Variance
<br />in the amount of 6.7 ft. for the side yard setback to Owners, Louis and Maria M. Pinheiro
<br />at 75 Sunset Circle, Mashpee, MA with the following conditions;
<br />1. The Board has determined that the applicant meets all the conditions of a Variance
<br />under Mass General Law 40A Section 10. No Variance is required for the front
<br />setback of the garage.
<br />2. Site Plan: Prepared for Louis & Maria M. Pinheiro, 75 Sunset Circle, Mashpee,
<br />MA. Sheet No.: I of 1, Date: August 30, 2021, Scale: 1" = 20', Drawn by: JVB,
<br />Checked by: MC, Prepared by: Cape & Islands Engineering, Stamped by: Matthew
<br />C — Costa, No.: 52282, Professional Land Surveyor.
<br />3. House Plans: Prepared by: Roger 0. Hoit, AJA Architect, Additions and
<br />Renovations for Louis & Maria Pinheiro, 75 Sunset Circle, Mashpee, MA, Al:
<br />Existing Basement Floor Plan, A2: Existing First Floor Plan, A3: Existing
<br />Elevations, A4: Basement Floor Plan, A5: First Floor Plan, A6: Second Floor Plan,
<br />A7: Elevations, A8: Elevations, Scale: 114" = 1', Dated August 24, 2021,
<br />4. The Board issues a Variance in the amount of. 6.7 ft. from the side setback,
<br />5. Conditioned on all To Department comments read into the record,
<br />6. Conditioned upon Conservation Commission's approval of the site plan that was
<br />submitted to Zoning Board of Appeals. Any changes to the plans will require the
<br />applicant to return to the Zoning Board of Appeals,
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