02/26/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Alexander MacLellan 403 Great Oak Road (Map 126 Parcel 48) Mashpee, MA 02649 V-2014-09 VARIANCE CRITERIA: §174-33. Setback from water and wetlands Any building or structure, exclusive of fixed or floating piers, wharves, docks,bridges or boardwalks, shall be set back at least fifty(50) feet from any water or wetland as defined by MGL C. 131, §40. M.G.L. Chapter 131 Section 40: The tern "coastal wetlands", as used in this section, shall mean any bank,marsh, swamp,meadow,flat or other lowland subject to tidal action or coastal storm flowage. In consideration of the physical characteristics and topographical conditions of the subject property, which includes the presence of wetland soils and the proximate location of bodies of water around the lot, the Board finds that the applicant has established a hardship warranting relief from the provisions of Bylaw §174-33, that a literal application of said Bylaw to the subject lot would involve substantial hardship with respect to the applicant's reasonable use of the lot, and that the grant of a variance from the 50 foot setback requirement of §174-33 would not derogate from the purpose and intent of the Bylaw, nor would it generate any substantial detriment to the public good. CONCLUSION: In view of the foregoing, the Board detennined the Petitioner met the criteria for a Variance under §174-33 of the Zoning By-laws to vary the setback at least fifty (50') feet from any water or wetland as defined by M.G.L. Chapter 131, §40 to deem lot buildable on property located in an R-3 Zoning District at 403 Great Oak Road(Map 126 Parcel 48), Mashpee,MA. Referencing a Board of Health plan; "Proposed Sewage Disposal System", prepared for Seamist Builders, HSE No. 403 Great Oak Road, Mashpee, Mass. dated February 26, 2004, Revised June 5, 2007 Label HSE Corners, drafted by Cape & Island Engineering, 800 Falmouth Road, Suite 301C, Mashpee, MA. File No. 159MA and approved comments from both Conservation and Board of Health Departments. 3