12/13/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 13, 2017 Mr. Gould read the continuance request letter from the applicant into the record. Mr. Goldstein made a motion to accept the continuance until February 14, 2018. Mr. Pittsley seconded,yes,Mr. DeBarros,yes,Mr. Gould,yes,and Mr. Blaisdell,yes.All were in favor of the continuance request. 66 Massasoit Avenue: Owners, Sharon and Patrick O'Connor request a Written Finding under §174-17 of the Zoning Bylaws to allow for construction of a deck to an existing single-family dwelling on property located in an R-3 Zoning District, (Map 72 Parcel 30), Mashpee,MA. Attorney, Kevin Kirrane represented the applicant for the Written Finding request. Also present was Patrick O'Connor, homeowner. Mr. Kirrane addressed the Board stating that he withdrew the Variance request because he believes the Board has the authority and discretion to grant the relief under Section 174-17. He submitted a revised site plan and photos of the area situated on the corner of Sakonnet Drive and Massasoit Avenue. The application consists of a deck addition on the northerly side of the existing structure. The existing structure fails to comply with current day setback requirements from both Massasoit Ave, and Sakonnet Drive. The dwelling is setback 3 ft. from Massasoit Ave and currently sits 25 ft. from Sakonnet Drive. There's a non-conforming front yard setback and the addition is further encroaching into that front yard by adding the deck on the northerly side of the structure. The 16' x 25' proposed deck is well within 9.2 feet of the front yard setback line, however there is an additional 10 ft. to the paved surface of the road, so the end of that deck will be in the vicinity of 19 ft. plus off that particular roadway. The dwelling itself sits quite high off the roadway as it relates to Sakonnet Drive. These front yard setbacks provide some degree of uniformity within neighborhoods and provide appropriate site distances as they relate to pedestrian and vehicular travel on all corner lots. Taking into consideration that the deck will be sitting so high off the road,that being within the 9 ft. of the front yard property line, and the additional 10 ft, to the paved surface of the road,there will not be any interference with site distance,and safe travel of both pedestrian and vehicles. Mr. Kirrane pointed out on one of the photos depicts a structure of the adjacent property sits relatively close to Sakonnet Drive. Mr. Goldstein asked if the average variances of the adjacent properties would be required. Mr. Kirrane said for this application it does not apply because there's no lot on the other side. That is the reason for the permit request for an alteration or expansion of a pre-existing non-conforming structure. The deck will not be an enclosed structure, and is only for outside living space. In his closing remark, he stated that this addition will not be substantially more detrimental to the neighborhood than what currently exists. It's only an outside living space and will not require any additional parking. 5