10/23/2013 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee 16 Great AVeck load Arth Alaslipee;Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2013-51 Michael Bloom and Lori Laskin Bloom Certificate of Title#:189904 17 Overlook Knoll Road Lot: 12, Plan: 5496-C Map 118, Parcel 36 Mashpee, MA 02649 A Petition was filed on September 18, 2013 requesting Request a Variance under Article VII §174-31 (Land Space Requirements) of the Zoning By-laws to vary the rear, front and side setback requirements to raze and replace a new single-family dwelling on property located in an R-3 Zoning District at 17 Overlook Knoll Road (Map 118 Parcel 36), Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on October 4, 2013 and October 11, 2013 a copy of which is attached hereto and made a part hereof. On October 23, 2013, Public Hearings were held on the Petition at the Mashpee Town Hall at which time the following members of the Board were present and acting throughout Jonathan D. Furbush, Chairman,William A. Blaisdell,Vice Chairman,Ronald Bonvie, Clerk, and Board Members, James Reiffarth and Richard Jodka. Also present, Associate Member, Domingo K. DeBarros and Building Commissioner, Richard E. Morgan. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Particular reference is made to the requirements that, in order to grant a variance, the Board must specifically find 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, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. Lori Bloom, represented herself and provided a plot plan prepared by Cape & Islands Engineering and house plans prepared by Michael Jimerson, Architect proposing to raze and replace her current seasonal home. The proposed dimensions depict 21.5 feet on Overlook Knoll, 15 feet on the side and 18.2 feet on Seaview Avenue. She stated she does not require a side variance. 1