06/12/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owner, Thomas D. Woodson 43 Birch Way (Map 27 Parcel 84) Mashpee, MA 02649 FINDING-2019-31 Building Inspector, Charlie Maintanis asked if there was an addition in the front. The Attorney said there was a minor retaining wall addition. The Attorney prefers to leave the retaining wall on the plan. The application included a copy of the Order of Conditions. Board Member, Ron Bonvie said that the lot coverage is still under 20%. Ron read the document number for the Order of Conditions into the record. Scott mentioned that the plan will need the engineer to confirm the lot coverage. GENERAL CRITERIA: The subject property located at 43 Birch Way is approximately 14,979 square feet upland. There were no abutters present. Associate Member, Sharon Sangeleer read the Board of Health comments into the record. There were no more comments from the Board or audience. WRITTEN FINDING CRITERIA: §174-33 — Setback from water and wetlands: Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least(50') feet from any water or wetland as defined by MGL C. 131, §40. CONCLUSION: In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, June 12, 2019, the Zoning Board of Appeals voted unanimously to issue a Written Finding to Owner, Thomas D. Woodson, of 43 Birch Way under §174-17 and §174-33 (setback from wetlands) to allow for reconstruction of a pre-existing, non- conforming structure on property located in an R-5 Zoning District, Map 27 Parcel 84, 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: Owner of Record: Thomas D. Woodson, 43 Birch Way, Mashpee,MA., Project: 43 Birch Way, Sheet no.: 1 of 1, Date: January 17, 2019, Drawn by: JVB, Checked by: MC, Prepared by: Cape & Islands Engineering, Drawing title: Proposed Additions, Signed by: Matthew C. Costa, No. 52282, Professional Land Surveyor. 2