10/23/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Michael Bloom and Lori Laskin Bloom 17 Overlook Knoll Road (Map 118 Parcel 36) Mashpee, MA 02649 V-2013-51 SPECIFIC FINDINGS: 1. The Board determined that the fact that the subject lot has frontage on two separate streets is a somewhat unique configuration or"shape"condition not shared by most lots in the neighborhood which constitutes a "hardship"justifying some relief on the Seaview Avenue side of the property for the homeowner. 2. The Board determined that in consideration of the circumstances relating to this lot, a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise,to the Petitioner due to the following: • The unique circumstances of the dwelling situated on two streets, with two front yards. • The proposed dwelling is located within the required side setbacks. 3. The Board determined that these circumstances especially affect such land or structure,but do not affect generally the zoning district in which it is located. 4. The Board determined that desirable relief maybe granted,subject to the conditions noted herein, without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or By-law due to the following: • The proposed dwelling is comparable in size to abutting pre-existing, non- conforming structures in the neighborhood, as well as other structures in the neighborhood • No "detrimental" public health, safety, environmental or other impacts affecting abutters or neighborhood residents are forseeable from the proposed project, as designed. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Variance. Upon motion duly made and seconded at the Public Hearings on November 13, 2013, the Zoning Board of Appeals voted unanimously to grant the following: • A 5 foot Variance under Article VII §174-31 (Land Space Requirements) of the Zoning By-laws of the rear setback requirement on Seaview from 25 feet to 20 feet 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. 4