11/14/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Howard Goodman and Caroline R. Goodman 53 Godfrey Road (Map 96 Parcel 104J) Mashpee,MA 02649 V-2018-53 Mr. Mendoza approached the Board to give his interpretations of this project. He said there has been conversations whether or not other relief is required. He provided the Board with a plot plan highlighting the areas in question. The green area depicts the legal frontage for the lot. The pink line shows the outlines of the adjacent lots, and the orange line shows the area that could be questioned whether or not that it is considered a front yard setback. The definitions sheet he provided, explains the lot frontage, and the lot line front, etc. It is his determination that the area which transitions the boundary of the corner showing the green on the left and the right are considered front yard, and anything beyond would be considered under the bylaw as side yard. Mr. Furbush polled the Board members and they had no issues. They agreed with the interpretation of the Building Official. Sharon read the Inspection and Conservation Department, and Board of Health comments into the record. Mr. Alfred Houston, an abutter approached the Board and asked how many bedrooms will be constructed and what the project entails. Mr. Gildea said that the additional space is 1,300 sq. ft. Mr. Eric Peterson approached the Board and said that the existing house is four bedrooms and the proposed is for four bedrooms. There are three existing bedrooms in the basement, and all those three bedrooms are being eliminated. The basement will become open space. Mr. Mendoza said that the Board of Health has to verify the number of bedrooms before they issue and sign off on a certificate of occupancy with the Building Department. There were no more comments from the audience or the Board members. 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, November 14, 2018, the Zoning Board of Appeals voted unanimously to issue a Variance to the setbacks from the water,the required amount is 50 ft.,the amount shown on the plan is 31 ft., the actual amount of the requested Variance is 19 ft. to Howard and Carol Goodman under §174-33 of the Zoning Bylaws to allow for construction of an attached garage, a covered porch, and deck addition on property located in an R-3 Zoning District, (Map 96 Parcel 104J), Mashpee, MA. 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2