09/11/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owner, Julieann E. Rainville, Trustee 19 Keel Way (Map 120 Parcel 138) Mashpee, MA 02649 V-2019-47 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 to Julieann E. Rainville Trustee from §174-33 (setbacks from water and wetlands) of the Zoning Bylaws to allow for construction of a shed on property located in an R-3 Zoning District, and Little Neck Bay, Map 120 Parcel 138, 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. 2. A Landscape Development Plan for: Julieann Rainville, 19 Keel Way, Mashpee, MA, Proposed Conditions Relocated Deck, Planting & Mitigation, Provided by: Wet Tech Land Design, Inc., Scale: 1" = 20', Drawn by: Wayne Tavares L.A., Date: 2/27/2019, Checked: WRT, Job No.: 19-1600. Revised FEMA Changes: 3/17/2019. 3. The Board issues a Variance in the amount of. 25 ft. Calculated as 50 ft. required, the plan shows 25 ft., thus issuing a 25 ft. Variance. 4. Conditioned on all Town Department comments read into the record. 5. No heat or habitation allowed in this shed. 6. The applicant has received an Order of Conditions from the Conservation Commission. 2 t