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MASHPEE ZONING BOARD OF APPEALS
<br /> DECISION FOR A VARIANCE
<br /> 39 Wilsons Grove LLC
<br /> 39 Wilsons Grove (Map 118 Parcel 85)
<br /> Mashpee, MA 02649
<br /> V-2018-06
<br /> VARIANCE CRITERIA:
<br /> Chapter 40A: Section 10. Variances:
<br /> The authority specifically finds that owing to circumstances relating to the soil
<br /> conditions, shape, or topography of such land or structures and especially affecting such
<br /> land or structures but not affecting generally the zoning district in which it is located, 1) a
<br /> literal enforcement of the provisions of the ordinance or by-law would involve substantial
<br /> hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief
<br /> may be granted without substantial detriment to the public good and without nullifying or
<br /> substantially derogating from the intent or purpose of such ordinance or by-law.
<br /> There were several abutters present.
<br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a
<br /> Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday,
<br /> February 14, 2018, the Zoning Board of Appeals voted unanimously to issue a Variance
<br /> with the following conditions;
<br /> 1. The Board has determined that the applicant meets all the conditions of a Variance
<br /> under Mass General Law 40A Section 10.
<br /> 2. Site Plan --Plot Plan—Proposed House and Subsurface Sewage Disposal System,
<br /> Prepared for Marty Reilly, 39 Wilsons Grove,Mashpee,MA. Scale: 1"=20',Date:
<br /> Oct. 26, 2017, Drawn by: TJB, Checked by TB, Job Number: 17144, Revisions:
<br /> Added drywells and wall along lot line. Corrected House Size. 11-14-17 TJB.
<br /> Title: Site Plan, Drawing Number: B25-83.
<br /> 3, New House for: 39 Wilsons Grove, Mashpee, MA, Prepared by: Cotuit Bay
<br /> Design, LLC, Scale: 1/4"= 1', Date: 111012018,Drawing No: A1: First Floor Plan,
<br /> Second Floor Plan, A-2: Front Elevation, Right Elevation, A-3: Rear Elevation,
<br /> Left Elevation; A-4: Section @ Living.
<br /> 4. Conditioned upon all Town Department comments read into the record and all
<br /> other documents read into the record such as abutter comments.
<br /> 5. The Board issues a Variance in the relief amounts as follows; a front yard setback
<br /> requirement is 25 ft., shown 17.6 ft., and will require 7.4 ft., side yard, required is
<br /> 15 ft., shown is 3 ft., relief is 12 ft., lot size required is 6,000 shown is 4,500, relief
<br /> will be 1,500 ft., wetland setback requirement is 50 ft., shown is 16 ft., required
<br /> relief is 34 ft., lot coverage is 20% requirement, 23.98% is requested, relief is
<br /> 3.95%. Also that if windows need to be removed, a plan can be filed with this
<br /> Board, but will not require an additional filing as long as approved by the Building
<br /> Department.
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