08/23/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owner, Briggs Family Wealth Trust Peter L. Briggs and Patricia A. Briggs, Trustees 35 James Circle, Map 71 Parcel 46 Mashpee, MA 02649 V-2023-47 Mr. Reidy asked for the requested amount of the side yard Variance. Attorney Kirrane said that it is 5.6 ft. GENERAL FINDINGS The subject property located at 35 James Circle is has 10,700 square feet of land. The Conservation Department comments dated August 15,2023 were read into the record; "This project was approved by the Conservation Commission. " and the Board of Health comments dated August 15, 2023 were read into the record; "Change in footprint will require a Title 5 inspection. " 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, August 23, 2023 the Zoning Board of Appeals voted unanimously to issue a Variance to Owners,Briggs Family Wealth Trust, Peter L. and Patricia A. Briggs, Trustees of 35 James Circle under §174-31 (Land Space Requirements) of the Zoning Bylaws to allow for construction of an attached garage and vary the side yard setback located in an R-5 Zoning District, Map 71 Parcel 46 (Johns Pond Estates), 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. 3