05/25/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, John S. Kelley and Carol D. Kelley 174 Captains Row(Map 96 Parcel 30) Mashpee, MA 02649 V-2022-20 The Conservation Commission comments were read into the record; "this project was approved with the condition that all mitigation plantings must be installed and inspected by the Conservation Agent prior to a building pen-nit sign off. GENERAL CRITERIA The subject property located at 174 Captains Row is approximately 20,470 square feet. The current lot coverage is 14.6%and the proposed is 16.2%. 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 (Setbacks from wetlands) of the Zoning Bylaws. Upon motion duly made and seconded at the Public Hearings on Wednesday, May 25, 2022, the Zoning Board of Appeals voted unanimously to issue a Variance to Owners, John S. Kelley and Carol D. Kelley to allow for construction of an in-ground pool on property located in an R-3 Zoning District, at 174 Captains Row, Map 96 Parcel 30, Mashpee, MA with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2. A Site Plan: Prepared for: John S. & Carol D. Kelley, 174 Captains Row,Mashpee, MA. Sheet No.: 1 of 1, Date: January 24, 2022, Drawn by: NO, Checked by: MC, Prepared by: Cape&Islands Engineering,Drawing Title: Proposed Pool and Patio. 4/12/22: Move Pool(Slide along deck)to 15.3' side setback,3/9/22:Added Ex.Drain Pipe and Ex. Catch Basin. 2