07/28/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Olavo, Macedo, Jr., et al 16 Driftwood Circle Mashpee,MA 02649 V-10-32 GENERAL FINDINGS: that the subject property is located at 16 Driftwood Circle and consists of 16,009 square feet of land. VARIANCE CRITERIA: Chapter 40A: Section 10 states: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting to grant upon petition with respect to particular land or structures a Variance from the terms of the applicable zoning ordinance or by-law where such permit granting 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, 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 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. SPECIFIC FINDINGS: The Board determined that: 1. due to the unusual shape of the subject property, a literal enforcement of the By-laws would involve substantial hardship to the Petitioner to meet the side setback requirements. 2. desirable relief may be granted without substantial detriment to the public good. 3. desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the By-laws. 4. there is adequate parking on the property. 5. the proposal does not require Variance relief from the rear setback requirements. In view of the foregoing, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on August 11, 2010 to grant a Variance of five feet from the side setback requirements. The Decision is conditioned upon compliance with the following: • during construction of the project,no materials of any kind shall be stored on or close to the lot line referred to on the plan as South 70° 48'48" East for a distance of 172.76 feet. • excavation shall be kept away from the side of the property referred to on the plan as South 70° 48'48"East. • no decking in connection with the pool is allowed. • Yankee Land Survey Co. Inc.plan entitled"Plot Plan of Land Located at: 16 Driftwood Circle Mashpee, MA Prepared For: One Pointe July 14, 2010 Rev: August 6, 2010" signed on 8-10-10 by Stephen J. Doyle Registered Professional Land Surveyor. 2