07/13/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Southworth Mashpee Properties LLC 69 Shoestring Bay Road, Map 77 Parcel 137 Mashpee, MA 02649 V-2022-27 The subdivision originally consisted of 35 lots, and 32 have been built. The lot, 69 Shoestring was constructed at the time the road was built. The site plan was approved by the Conservation Commission on June 23, 2022. The Commission approved the 17 ft. setback and is the same requested relief from the Zoning Board of Appeals. The Order of Conditions has not been processed, but it was approved. The hardship conditions were created with the conditions of the site primarily the historical location in proximity to the coastal bank. The lot is irregularly shaped along Shoestring Bay,and there is an ancient way called Bryants Cove Road which is a no-build zone of the golf course. The house meets all other setbacks,and the lot coverage is 10.4%which is below the requirement in the R-3 Zoning District. The Board had questions regarding the retaining wall and walkway which will be inspected by the Building Commissioner during the permitting process. Mr. Morris read the Conservation comments into the record. Mr. Reidy read the Board of Health comments into the record. There were no more comments from the Board. GENERAL CRITERIA The subject property located at 69 Shoestring Bay Road is approximately 48,675 square feet. There were no abutters present. VARIANCE CRITERIA §174-33—Setback from water and wetlands: Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least (50') feet from any water or wetland as defined by MGL C. 131, §40. VARIANCE CONDITIONS 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, July 13, 2022;the Zoning Board of Appeals voted unanimously to issue a Variance to Southworth Mashpee Properties LLC, for 69 Shoestring Bay Road under §174-3 3 (Setback from water and wetlands) to allow for construction of a single-family residential structure on property located in an R-3 Zoning District, Map 77 Parcel 137, Mashpee, MA with the following conditions; 2