8/22/2018 ZONING BOARD OF APPEALS ZBA Decision

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Tmrn ofwashpee `t N., 12as13¢Ira], ,Alctswact�frSctts 02f�49 SjA31{3.`�eT MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2018-40 Sandra J. Orangio Doc.:# 1123955 63 Massasoit Avenue Ct£: #189557 (Map 72 Parcel 32) Mashpee, MA 02649 A Petition was filed on July 20, 2018 by Owner, Sandra Orangio requesting a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction of an existing deck, and construction of a new lower deck on property located in an R-3 Zoning District, at 63 Massasoit Avenue, Map 72 Parcel 32, 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 July 27, 2018 and August 3, 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, August 22, 2018 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Board Members, Ron Bonvie, Scott Goldstein, Norman J. Gould, and Associate Member, Sharon Sangeleer. Also present was Building Commissioner, Michael Mendoza. Mr. Steve Cook,Cotuit Bay Design represented the applicant for the reconstruction of an existing deck on the left side of the house. The house has the living area on the second floor, and the deck is elevated 7 ft. above the existing grade. The deck is failing and is dangerous. The proposal is to rebuild the deck and slide it back but getting no closer to the northerly property line than it currently sits. There is a set of stairs that will go down to the lower deck. The stairs do not meet current building codes. The house and deck are pre- existing non-conforming. An RDA was filed with Conservation, and be expects there are no issues. Mr. Furbush asked if the lot coverage measurements were 13.1% and increasing to 14.9%. Mr. Cook said the existing was 9.3 ft. going to 9.5 on the northerly property line. The westerly property line it is 24.5 ft. on the front setback. The rear setback is 49.5 ft., and on the south side is 27.7 ft. The deck is going to be rebuilt on the northerly side. The front deck is not going any closer to the lot line. 1