12/12/2018 ZONING BOARD OF APPEALS Minutes

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J MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 12, 2018 2. Site Plan---Proposed Addition for#21 Metacomet Rd.,Prepared for James Whitney in Mashpee, MA. Plan Date: October 17, 2018, Plan Scale: 1" = 20', Project #: 16097, CAD File Name: 16097SPnew,Drawn by: LM/DMM, Sheet 1 of 1, Signed by: Michael J. Borselli, Civil Registered Professional Engineer. No. 35054 and Gary S. Labrie Registered Professional Land Surveyor No. 40039. 3. Conditioned on all Town Department comments read into the record. 4. Conditioned upon the applicant submitting a new plan that clearly depicts the existing garage from the proposed garage. The 48 ft. will show the existing garage, and the proposed will show the 50 ft. buffer. 5. Conditioned upon that this request does not include an accessory apartment, and that this Board did not approve the addition as an accessory apartment. Mr. Goldstein seconded. All were in favor of the Written Finding for the proposed renovations. 187 Wadine Place Road: Owners,Dennis and Margaret Quilty request a Written Finding under §174-17 to allow for. an alteration and addition on an existing deck on property located in an R-3 Zoning District and the Popponesset Overlay District, (Map 112 Parcel 89), Mashpee, MA, Mr. Quilty represented himself for the application. He said he would like to create a family room from the existing deck that his located in the rear. He has owned the property for 18 years. He replaced the deck when the addition was instructed 10 years ago. Mr.Mendoza said that someone came into the office and questioned if the deck was legally permitted. He said the deck is not 15 ft. off the side yard, and its only 11.3 ft. His office couldn't locate a permit for the deck. The Board requested that the applicant provide the building permit. Mr. Furbush read the abutter letter into the record. Mr. Goldstein said that the site plan shows 11. 9 ft. to the corner of the step. The proposed addition is 11.10 ft. which is only to the corner of the deck. Mr. Bonvie said as one member that if the applicant cannot locate the permit, the step off the deck is more than a foot, so the distance is so close to the 15 ft. setback. He suggested that the applicant redesign the proposed deck to be 15 ft.,and would not require a Variance or a Finding. Mr. Goldstein said as one member that if the applicant can prove that the deck was permitted at the time, and the setback is better than before, he would not have a problem with the addition. 12