04/27/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, Julie Silva and Martin J. Reilly 46 Little Neck Lane (Map 105 Parcel 14) Mashpee, MA 02649 V-2022-18 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 The Board read the Board of Health and Conservation Department Comments into the record. The Board confirmed that the only relief required were the setbacks from the wetlands because the property exists within the New Seabury Special Permit area. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, April 27, 2022, the Zoning Board of Appeals voted unanimously to issue a Variance to Owners, Julie Silva and Martin J. Reilly under §174-33 (Setbacks from wetlands) of the Zoning Bylaws for a raze and replace of a single family dwelling on property located within the New Seabury Special Permit Area,at 46 Little Neck lane,Map 105 Parcel 14,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. Site Plan —Proposed House Reconstruction, 46 Little Neck Lane, Mashpee, MA. Scale: 1" = 10', Date: January 27, 2022, Drawn by: RAR, TJB, Checked by: TB, Job Number: 21039, Existing Conditions Sheet 1 of 2, Drawing Number: B28-53. Stamped and Signed by: Thomas J. Bunker, Professional Land Surveyor No. 32653. 3. Conditioned on all Town Department comments read into the record including but not limited to all the comments and conditions set by the Board of Health. 4. The Board issues a Variance from the wetlands in the amount of: 32 ft. 5. Conditioned that any changes to the plans will require the applicant to return to the Zoning Board of Appeals. 2