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MASHPEE ZONING BOARD OF APPEALS
<br /> DECISION FOR A VARIANCE
<br /> 61 Shoestring Bay Board, LLC
<br /> 61 Shoestring Bay Road, Map 84, Parcel 35
<br /> Mashpee, MA 02649
<br /> V-2024-27
<br /> The Conservation Department Comments dated June 6,2024 were read into the record; "Resource
<br /> Areas: Salt Marsh, Coastal Bank, and Land Subject to Coastal Storm Flowage (LSCSF) NOI
<br /> application for construction of a single family dwelling with pool, patio, retaining wall, garage
<br /> with driveway, associated landscaping, hardscaping, mitigation plantings, and invasive control.
<br /> NOI was approved at the March 21"hearing date with conditions for weekly reports of retaining
<br /> wall construction, bi-weekly staff agent inspection, pool drawdown by pump truck only, and a
<br /> three (3)year mitigation and monitoring contract with a certified professional with a vote of 3:1."
<br /> Attorney Kirrane said that this lot was approved under the Shoestring Bay Development. A
<br /> Variance request of 50 ft. is required.
<br /> VARIANCE CRITERIA
<br /> Chapter 40A: Section 10. Variances:
<br /> The authority specifically finds that owing to circumstances relating to the soil conditions, shape,
<br /> or topography of such land or structures and especially affecting such land or structures but not
<br /> affecting generally the zoning district in which it is located, 1) a literal enforcement of the
<br /> provisions of the ordinance or by-law would involve substantial hardship,financial or otherwise,
<br /> to the petitioner or appellant, and that 2) desirable relief may be granted without substantial
<br /> detriment to the public good and without nullifying or substantially derogating from the intent or
<br /> purpose of such ordinance or by-law.
<br /> VARIANCE CONDITIONS
<br /> In view of the foregoing,the Board determined the Petitioner met the criteria for a Variance. Upon
<br /> motion duly made and seconded at the Public Hearings on Wednesday, June 12, 2024 the Zoning
<br /> Board of Appeals voted unanimously to issue a Variance to Owner,61 Shoestring Bay Road,LLC
<br /> under §174-31 fn. 1, and §174-33 (Setback 50 ft. from the nearest wetland resource area) to
<br /> construct a new single family dwelling on the vacant lot located in an R-3 Zoning District, Map
<br /> 84, Parcel 35, Mashpee, MA with the following conditions:
<br /> 1. The Board has determined that the applicant meets the conditions of a Variance under Mass
<br /> General Law 40A Section 10.
<br /> 2. Site Plan — Prepared for 61 Shoestring Bay Rd, LLC. Date: 12/12/2023, Scale: 1" =20',
<br /> Prepared by: WRS Engineering, Stamped and signed by: Roy Okurowski,PE,No.: 41458.
<br /> 3. Design Plans—Prepared for: 61 Shoestring Bay Road, Job No.: 2206,Date: April 1, 2024,
<br /> Sheet A-1: Lower Level Plan, A-2: First Floor Plan, A-3: Second Floor Plan, A-4:
<br /> Elevations, A-5: Elevations. Prepared by: Archi-Tech Associates.
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