12/14/2016 ZONING BOARD OF APPEALS ZBA Decision

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Tbwn of.A.1104�ee 16 Gr eal dNFeck I oad N1{), Nashpeo,lWassachuseas 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2016-57 Ellen J. Harris,Trustee of the Doc, #: 1296142 Ellen J. Harris Trust Ctl #: 209763 41 Greenwood Road Lot 4 (Blk. 8) (Map 117 Parcel 312) Plan No. 11408-H(sheet 4) Mashpee, MA 02649 A Petition was filed November 4, 2016 by Ellen J. Harris requesting a Variance from the side, front, and rear yard setbacks under §174-31 of the Zoning Bylaws to raze and replace a single-family dwelling on property located in an R-3 Zoning District, and Popponesset Overlay District,at 41 Greenwood Road,Map 117 Parcel 312,Mashpee,MA. Notice was duly given to.abutters in accordance with Massachusetts General Laws Chapter 40A.Notice was given by publication in The Masbpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on November 11, 2016 and November 18, 2016 a copy of which is attached hereto and made a part hereof, The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, December 14, 2016 at which time the following members of the Board of Appeals were present; Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Dom DeBarros, Scott Goldstein, and Associate Member,Norman J. Gould. Mr. Tom Bunker, of BSS Design represented the owner,Ellen Harris who was also present. He said that he wanted to make a correction to the advertisement request for the Variance because the application does not require a front or side yard setback; it does require a rear yard setback. The house was built in the 1950's prior to the existence of zoning in Mashpee. Currently the dwelling is pre-existing, non-conforming on a lot that has two front yards; one being setback 22.3 ft. from Greenwood Road,and 46.7 ft. setback from Bearse Rd. The side setback where the bulkhead is located is 8.3 ft. from the property line, and 11.5 ft. from the rear property line. The homeowners want a workshop in the basement, but required approval from FEMA to remove the house from the flood zone. This was performed by removing the deck and putting in fill around the whole house. The homeowners received a letter from FEMA and is on record that the house is out of the flood hazard zone. The lot is 6,500 sq. ft., the existing lot coverage is 17.9%. The number of bedrooms will remain the same as two bedrooms, and the septic system upgrade meets all Title V requirements. 1