3/28/2018 ZONING BOARD OF APPEALS ZBA Decision

Home Browse Search

Tougn of Mashpee . : ° � x f'�'Iaslt��re, Inssac}Zirs�tts.02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2018-08 Daniel A. Wren Doc. #: 1321305 78 Waterline Drive South Ctf. ##: 212904 (Map 120 Parcel 126) Mashpee, MA 02649 A Petition was filed on by Owner, Daniel A. Wren requesting a Variance under §174-31, Land Space Requirements Table of the Zoning Bylaws, to vary the side yard setback to allow for construction of a porch on property located in an R-3 Zoning District, at 78 Waterline Drive South, Map 120 Parcel 126, 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 February 2, 2018 and February 9, 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 §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpec Town Hall on Wednesday,March 28,2018 at which time the following members of the Board of Appeals were present and acting throughout;Acting Chairman, William Blaisdell,Board Members, Ron Bonvie, Dom DeBarros, and Associate Members Norman J. Gould, and Sharon Sangeleer. Attorney Kevin Kirrane represented the homeowners for their request to construct a porch on the right front of the building that is approximately 190 sq. ft. He provided photographs that depict a patio that is located on the front side facing the building. The homeowners are proposing to relocate it over the present location of the stone patio that exists on the right hand side of the dwelling. This property is situated in the Little Neck Bay cluster sub-division which affords certain leeway relative to the setbacks but not the setbacks relative to the side yard. In this particular case,the side yard remains 15 ft. which is the underlying requirement of the R-3 Zoning District, and the proposed construction of the porch is 10.6 ft. of the side line thereby necessitating a variance of 4.4 ft. Attorney Kirrane said that there is a hardship relating to the shape of the lot which is very wide and narrow significantly to the rear. The angle of the side line is what creates the issue with this particular case because of the shape of the lot and the angle of that sideline which requires variance relief. 1