2/14/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Dennis N. Napoli 38 Treasure Lane (Map 96 Parcel 67) Mashpee, MA 02649 V-2018-05 1)A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by- law. Mr.Mike Mendoza,Building Commissioner addressed the applicants request to the Board. Ms. Diane Napoli, homeowner was present. Mike said that the homeowner had a contractor meet with him to discuss the construction of a rear wooden deck, which would be in line with an existing covered porch. It was discovered that there was no record of a building permit for the construction of the covered porch in the Building Department. The homeowner was under the impression that the proper permits were pulled for this structure. The setback for the existing covered porch does not meet zoning. The owner stated that she saw that a permit was posted at her home, but it was not for this project. Mike wanted to let the Board know that the homeowner wants to correct the problem that she thought was legitimate so that she could add a deck onto both the enclosed porch and along the back of her home. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, February 14, 2018,the Zoning Board of Appeals voted unanimously to issue a Variance to Dennis Napoli to vary the front yard setback to allow for an addition to an existing covered porch and deck on property located in an R-3 Zoning District, 38 Treasure Lane, Map 96 Parcel 67, Mashpee, MA, with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2. Certified Plot Plan—Project: 38 Treasure Lane, Mashpee, MA. Sheet No.: I of 1, Dated: December 29, 2017, Revision: 1/24118 Add Dimensions & Existing Porch Label, By: JB, Appr: MC, Drawing File Name: TREASURE_3$ NAPOLI—CPP, Drawn by: JB IL, Checked by: MC, Prepared by: Cape & Islands Engineering, Owner of Record: Dennis N Napoli, 38 Treasure Lane, Mashpee, MA. 3. The Board issues a Variance in the amount of 18.7 feet, and is depicted as follows; the front yard is required to 40 ft. setback from Bounty Way. The plan depicts 21.3 ft. which equates to a variance amount of 18.7 ft., which is includes the covered porch and deck. 4. Conditioned upon all Town Department comments read into the record. 2