6/13/2018 ZONING BOARD OF APPEALS ZBA Decision

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1-01w a y 1-01 I of Mashpoe I� 67-c -k !eruct ?la.ht�cr,?3lc�ssctlttrsctts UaGt) MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2018-28 Arthur F. Noyes, Trustee Doc.: #1221380 5 Beach Road Ctf.: #200361 (Map 123 Parcel 158) Mashpee, MA 02649 A Petition was filed on April 19, 2018 by Arthur F. Noyes, Trustee requesting a Variance of the front yard setback under §174-31 of the Zoning Bylaws to allow for construction of a garage addition on property located in an R-3 Zoning District and the Popponesset Overlay District, Map, 5 Beach Road, 123 Parcel 158, 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 May 18, 2018 and May 25, 2018 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 §6 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, June 13, 2018 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush,Vice Chairman, Board Members,Ron Bonvie, and Scott Goldstein, and Associate Members, Norman J. Gould and Sharon Sangeleer. Also present was Building Commissioner, Michael Mendoza. Attorney Kevin Kirrane represented the homeowner for variance relief of the front yard setback. The homeowner was also present. The addition will be a 273 sq. ft. single- car garage,proposing to add to the single-family dwelling at the corner of Beach Road and Shore Drive. The dimension of that garage will be 13 ft. by 21 ft. and 273 sq. ft. Mr. Kirrane said the variance relief is requested because of the conditions specifically to the lot. The lot sits on a corner lot and is impacted by two frontages, and slopes in toward the respective streets. Mr. Kirrane said he asks his clients to locate the structure anywhere else on the site,but because of the setback from Shore Drive,and Beach Road, and the abutting property owner, the only place one might want to locate that structure is the backyard; and there's a septic system in the backyard. He also confirmed with the Architect who has been involved with the garage addition, if it would be possible to eliminate the bump out on the side of the house. But because of the existence of the utility connections, it would be prohibitive. There are also other restrictive elements as depicted on the plan. 1