04/10/2019 ZONING BOARD OF APPEALS ZBA Decision

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Town of Nashp6e 16 Gi=st f.Neck goad.r%rth m z Alashpee,.Wassachusett_s 02641. MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2019-23 Dennis Asselin and Doc.: 1258407 Barbara Asselin Ctf: 204987 44 Uncle Edwards Road (Map 117 Parcel 198) Mashpee, MA 02649 A Petition was filed on March 11, 2019 by Owners, Dennis and Barbara Asselin requesting 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,at 44 Uncle Edwards Road,Map 117 Parcel 198, 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 March 22, 2019 and March 29, 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 §6 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, April 10, 2019 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Member, Scott Goldstein,Norman J. Gould, and Associate Member, Sharon Sangeleer. 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. 1