02/23/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Petitioner, Carmen Shay Owner of Record: Joan Modzelewski 55 Horseshoe Bend Way, Map 48 Parcel 2 Mashpee, MA 02649 V-2022-08 The Board read the comments into the record submitted by the Board of Health, Town Engineer and Conservation Departments. Mr. Morris, Building Commissioner had no issues, but a building permit will be required. to perform the proper inspections. There were no more comments from the Board or audience. GENERAL CRITERIA The subject property located at 55 Horseshoe Bend Way is approximately 24,132 square feet. There were no abutters present. VARIANCE CRITERIA Chapter 40A: Section 10. Variances: The authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. VARIANCE FINDINGS In view of the foregoing,the Board determined the Petitioner met the criteria for a Variance under §174-33 (Setback from wetlands) of the Zoning Bylaws. Upon motion duly made and seconded at the Public Hearings on Wednesday, February 23, 2022,the Zoning Board of Appeals voted unanimously to issue a Variance in the amount 45 ft. to allow for construction of a stairway to pond on property located in an R-3 Zoning District, Map 48 Parcel 2,at 55 Horseshoe Bend Way,Mashpee,MA(Owner of Record:Joan Modzelewski) with the following conditions; 2