02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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tTown of 1),11ashpee 16 O est J%ck ko(ld tr'1&lh 1ash1q(-e,Wass (1?6 S) MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2019-12 Gary D. Briggs and Claire L. Briggs Doc.: 1319959 51 Massasoit Avenue Ct£: 212721 (Map 72 Parcel 45) Mashpee, MA 02649 A Petition was filed on January 23, 2019 by Owners, Gary D. and Claire L. Briggs requesting a Variance from the side yard setback,front yard setback,and lot coverage under §174-31 to allow for construction of a detached garage on property located in an R-3 Zoning District, at 51 Massasoit Avenue, Map 72 Parcel 45, 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 1, 2019 and February 8, 2019 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 Mashpee Town Hall on Wednesday, February 27, 2019 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, and Norman J. Gould, and Associate Member, Sharon Sangeleer. Attorney Kevin Kirrane represented the homeowners for their Variance request. Mr. Kirrane provided a plot plan,his written remarks, and a garage building plan. The plot plan depicts a 12,500 sq. ft. lot situated at the corner of Massasoit and Cappawack Roads and has been developed with a single-family residence. The applicants are proposing to construct a modest, one car single-story garage which will be situated at the rear of Massasoit, and on the side from Cappawack. The proposed garage will be within 12 ft. of the common property line between lot 948 and the subject matter lot. Mr. Kirrane said that the 40 ft. setback criteria that applies today relative to front yards was not in affect at the time these lots were combined and when the dwelling was constructed. In essence if you take the 40 ft. requirement from Cappawack, and the 40 ft. of Massasoit,together with the 15 ft. on the other two sides,it's about 3,000 sq. ft.available for development. 1