01/10/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, Christopher P. Funk and Donna M. Funk 5 Sheffield Place, Map 29, Parcel 150 Mashpee, MA 02649 V-2024-02 GENERAL FINDINGS The Building Department comments dated February 6, 2024 were read into the record; "Owners realized mistake after the fact. "The Board of Health comments dated February 8, 2024 were read into the record: "Not a habitable space, no increase in septic flow. Septic is on other side of house. " Mr. Reidy read the comments from the Town Planner dated January 5, 2024 into the record. Ms. Sangeleer read the direct abutter letter into the record dated November 1, 2022, and has no objections to the placement of the shed. Mr. Funk explained to the Board that the shed was built at the same time as the pool, and the pool equipment wiring is connected to the shed. Also, if the shed were moved closer to the pool there would be less accessibility and would require the homeowners to redesign and reconstruct the pool area. Mr. Furbush believes that is considered a financial hardship. Mr. Goldstein was concerned about setting a precedence for future applicants. Mr. Blaisdell stated that every case stands on its own. The Board had a brief discussion regarding the outcome of the last hearing, and determined that the homeowners have complied with their request to move the smaller shed from the rear property line. 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. 2