12/13/2017 ZONING BOARD OF APPEALS ZBA Decision

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To w/ q'Alaslipee. JVshpre, �T�assach.6sctts 02 P MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2017-68 Patrick M. O'Connor and Doc.: #1278853 Sharon M. O'Connor Ctf: #207484 66 Massasoit Avenue. (Map 72 Parcel 30) Mashpee, MA 02649 A Petition was filed on October 23, 2017 by Patrick M. and Sharon M. O'Connor requesting a Written Finding under §174-17 of the Zoning Bylaws to raze and replace a single-family dwelling and deck on property located in an R-3 Zoning District and the Popponesset Overlay District, at 66 Massasoit Avenue, (Map 118 Parcel 33), 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 November 10, 2017 and November 17, 2017 a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, December 13, 2017 at which time the following members of the Board of Appeals were present and acting throughout; Acting Chairman, William. Blaisdell, Board Members,Dom DeBarros, Scott Goldstein, and Associate Members,Norman J. Gould and Sharon Sangeleer. Also present was Building Commissioner, Michael Mendoza. 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 17417. 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. 1