03/23/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owner of Record: Daniel E. Phillips 4 Blair Circle (Map 3 Parcel 40) Mashpee, MA 02649 V-2022-13 The Board of Health comments were read into the record dated March 23, 2022 as noted; "The room that is being created meets the definition of bedroom as it has a standard door (<6'per our regulation) and therefore privacy with heat, proper area,finished space and windows. The property is not in a Zone 11 so the septic is not restricted and could be increased to accommodate this room as the fourth bedroom. The septic system is designed now for only three bedrooms. Engineered plans would be required to accomplish the increase in flow; or the room on the second floor could be opened up with a 6'opening to take away the privacy to that space. The Conservation Commission comments were read into the record that 4 Blair Circle is not within wetlands jurisdiction. The Board had a discussion and noticed that the lot coverage was not depicted on the site plan. The ZBA application showed the existing lot coverage as 4.15%, and the proposed lot coverage being 6.71%. The Board requested that the applicant write and sign his name with this information on Page 7 of the revised floor plan, and define the 6 ft. opening of the addition. The Board agreed that a motion could include that a stamped certified plan as-built be submitted with the building permit. GENERAL CRITERIA The subject property located at 4 Blair Circle is approximately 15,019 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. 2