06/28/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, Patricia Donnelly and Roger Schiffman 4 Mute Swan Circle (Map 84 Parcel 38-0) Mashpee, MA 02649 V-2023-35 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. Upon motion duly made and seconded at the Public Hearings on Wednesday, June 28, 2023,the Zoning Board of Appeals voted unanimously to issue a Variance to Owners,Patricia Donnelly and Roger Schiffman of 4 Mute Swan Circle under §174-33 of the Zoning Bylaws (Setback from wetlands) to allow for construction of an access stairway to the dock on property located in an R-3 Zoning District, Map 84 Parcel 38-0, Mashpee, MA with the following conditions: 1. The Board has determined that the applicant meets the conditions of a Variance under Mass General Law 40A Section 10. 2. Site Plan and Pier Design Plan— Prepared for: Patricia Donnelly and Roger Schiffman, Project: 4 Mute Swan Circle, Mashpee, MA. Sheet No. 1 of 1, Date: October 10, 2019, Prepared by: Cape & Islands Engineering, Drawn by: JVB, RLR, Checked by: MC, Stamped and signed by: Matthew C. Costa, Professional Land Surveyor No.: 52282, and Raul Lizardi-Rivera, Professional Civil Engineer,No.: 46845. 3. Conditioned on all Town Department comments read into the record. 4. Conditioned on any changes to the plan will require the applicant to return to this Board. 5. Conditioned that the applicant obtain a building permit prior to construction of the stairway to the dock. 6. The Board finds that the proposed stairway for the dock meets the criteria for a Variance under §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 fifty(50) feet from any water or wetland as defined by MGL C. 131, §40. 3