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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> Petitioner, Michael Picard <br /> Owner of Record: 23 Ocean Bluff LLC <br /> 23 Ocean Bluff Drive, Map 123 Parcel 204, <br /> Mashpee, MA 02649 <br /> V-2022-05 <br /> Mr. Blaisdell addressed the Board stating that if the Conservation Commission approves a <br /> project that someone may have violated the setbacks to the wetlands, generally the Zoning <br /> Board follows the recommendations submitted by the Conservation Department. <br /> Mr. Ganzenmuller read the Conservation Department comments into the record that the <br /> project was approved at the January 6, 2022 meeting. There were no issues from the Town <br /> Engineer, and no comments from the Board of Health. <br /> There were no more comments from the Board or audience. <br /> Mr. Coutu said the buffer zone is 50 ft.; originally the structure was 5 ft. 3 inches from the <br /> coastal bank and is now 14 ft. 7 inches. The relief request from the wetlands is 35 ft. 5 <br /> inches. <br /> VARIANCE CRITERIA <br /> §174-33 — Setback from water and wetlands: Any building or structure, exclusive of <br /> fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least <br /> (50') feet from any water or wetland as defined by MGL C. 131, §40. <br /> GENERAL CRITERIA <br /> The subject property located at 23 Ocean Bluff Drive is approximately 18,645 square feet. <br /> There were no abutters present. <br /> SPECIFIC FINDINGS <br /> In view of the foregoing,the Board determined the Petitioner met the criteria for Variance <br /> relief. Upon motion duly made and seconded at the Public Hearings on Wednesday, <br /> January 12, 2022, the Zoning Board of Appeals voted unanimously to issue a Variance to <br /> Petitioner, Michael Picard for 23 Ocean Bluff Drive under §174-33 of the Zoning Bylaws <br /> to allow for construction of an in-ground pool on property located in an R-3 Zoning District <br /> (New Seabury Special Permit Area), Map 123 Parcel 204, Mashpee, MA. (Owner of <br /> Record: 23 Ocean Bluff LLC)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. <br /> 2. Proposed Landscape Plan:Prepared by: Sudbury Design Group,for 23 Ocean Bluff <br /> Drive, Mashpee, MA. Scale: 1"= 10'. <br /> 2 <br />