09/11/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owner, Leo J. Surette 26 Greenwood Road (Map 117 Parcel 179) Mashpee, MA 02649 V-2019-46 GENERAL FINDINGS: The Board reviewed the site plan that depicted the lot coverage being at 22%, and they are allowed 25%. Scott said in his opinion the house is on a corner lot and is considered a hard- ship. The Board had a discussion and determined that an open deck or plat form is allowed 4 ft. into the setback as noted under footnote 19. If the deck at 21 ft., it would be 19.5 ft. The request is 1 ft. 5 inches. The measurements depicted 19.5 ft. on the plan, and the applicant could be allowed 2 ft. Sharon read the Conservation and Board of Health comments into the record. Sharon also read the abutter letters into the record. There were no more comments from the Board or audience. SPECIFIC FINDINGS: 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. 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, September 11, 2019 the Zoning Board of Appeals voted unanimously to issue a Variance in the amount of 2 ft. to Owner, Leo Surette of 26 Greenwood Road from the front yard setback under §174-31 fn. 19 (Land Space Requirements Table) of the Zoning Bylaws to allow for construction of a deck on property located in an R-3 Zoning District, and Popponesset Overlay District, Map 117 Parcel 179, Mashpee, MA 02649, 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. 2