12/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS CJWKC, LLC 36 Fiddler Crab Lane Mashpee, MA 02649 V-2011-47 the Petitioner should be requesting Variance relief of thirteen feet, not seven feet, from the setback to water and wetlands. The proposal has received approval from the Board of Health and the Conservation Commission. No comments were received from abutters. GENERAL FINDINGS: The subject property is located at 36 Fiddler Crab Lane and consists of 16,200 square feet of land. VARIANCE CRITERIA/SPECIFIC FINDINGS: The Board determined that: • a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the Petitioner due to the following circumstances: o the unusual, irregular shape of the subject property, which especially affects such land, but does not affect generally the zoning district in which it is located. o the subject property is impacted by wetlands, thereby restricting location of the proposed dwelling. o location of the existing Title V septic system limits location of the proposed dwelling. • removal and replacement of the rundown structure will be a vast improvement to the subject property and to the neighborhood; therefore, 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. • the Petitioner meets the criteria necessary for grant of Written Finding under Section 174-17 of the Zoning By-laws. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of Variance relief. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on December 14, 2011 to grant the following: • a Variance of 13 feet from the setback to water and wetlands. • a Variance of 14 feet from the front setback requirements. This Decision is based upon compliance with plans entitled: • "Site Plan 36 Fiddler Crab Lane, Mashpee, MA. Engineering by: Engineering Works, Inc. Surveying by: Warner Surveying, Date 4/26/11, Plan Revisions: 6/22/11, 9/28/11, 10/17/11". • Yarosh Associates, Inc. plan entitled: `Brennan Residence 36 Fiddler Crab Lane, Mashpee, MA. Date: 08-18-2011". 2