04/10/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 10,2019 44 Uncle Edwards Road: Owners,Dennis and Barbara Asselin request a Written Finding under §174-17 of the Zoning Bylaws to allow for construction of an addition, extension to a pre-existing, non-conforming structure located in an R-3 Zoning District and the Popponesset Overlay District, Map 117 Parcel 198, Mashpee,MA. Attorney Kevin Kirrane represented the Asselin's for their modest addition to the single- family residential structure. He attached a copy of the site plan to his written remarks, and a copy of the design plans prepared by Mr. Yarosh. The addition consists of a dining area to the existing kitchen. Mr. Kirrane said that the proposed addition to the building is going to be entirely located above an area that was previously occupied by a deck. This is currently non-conforming at 12.4 ft. from the nearest sideline, and is non-conforming on the other side as the building sits only at 13.9 ft. of the structure. This is a relief that can be given under Section 174-17 because it's an alteration or change to a pre-existing, non- conforming structure. The deck has been in existence for 10 years, and under the bylaw one can alter a change as long as there is no new non-conformities being created. There is adequate parking, and there will be no other alterations. Mr. Goldstein read the Inspection Department comments into the record. Sharon read the Board of Health comments into the record. Mr. Gould read the Conservation Department comments into the record. Jonathan read the DPW comments into the record. There were no comments from the audience. Mr. Goldstein made a motion to approve 44 Uncle Edwards Road to Owners; Dennis and Barbara Asselin request for a Written Finding under §174-17 of the Zoning Bylaws to allow for construction of an addition,extension to a pre-existing,non-conforming structure located in an R-3 Zoning District and the Popponesset Overlay District, Map 117 Parcel 198, Mashpee,MA, with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Site Plan: Dennis & Barbara Asselin, 44 Uncle Edwards Road, Mashpee, MA., Prepared by: Cape&Island Engineering, Sheet No. 1 of 1,Date: January 11,2019, Drawing File Name: UNCLEEDWARDS_44_ASSELIN_CPP, Drawn by: JB, Checked by: MC, Signed by; Matthew C. Costa No. 52282. 3. Bid Construction Set: Provided by: Yarosh Associates Inc, Architects-Planners, Dated 2/20/2019. For: Asselin Residence, 44 Uncle Edwards Rd., Mashpee, MA. Project Number: 1232, Drawing No: A-1, Elevations & Section, A-1: Floor Plans. 4. Conditioned on all Town Department comments read into the record. 5. Conditioned upon approval of all Conservation permits required. 4