03/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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Town of Mashpee ' y 16 great d%ck-�f�acl��orth �wLUX dashpec,,Massachusetts 69649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2019-19 Kevin H. Kelley and Doc.: 987293 Maryellen M. Kelley Ct£: 175204 123 Tide Run (Map 120 Parcel 182) Mashpee, MA 02649 A Petition was filed on February 27, 2019 by Owners, Kevin H. and Maryellen M. Kelley requesting a Variance under§174-33 of the Zoning Bylaws to allow for construction of a deck situated within the wetlands resource area on property located in an R-3 Zoning District and Little Neck Bay cluster subdivision, at 123 Tide Run, Map 120 Parcel 182, 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 8,2019 and March 15, 2019 a copy of which is attached hereto and made apart 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,March 27,2019 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Member, Ron Bonvie, and Associate Member, Sharon Sangeleer. Mr. Steve Cook, Cotuit Bay Design represented the Kelley family for their deck project. There is an existing deck on the rear of the house, and the homeowners want to expand the deck 10 ft. to provide more space for their family. The deck is angled to maintain a 15.5 ft. sideline setback, and will go across the rear and then be set back into the chimney. The area is an open area right now with bark mulch. The project will be presented in front of Conservation Commission,and there will be mitigation plantings. The new deck will be on sono tube footings and will match the height of 4.5 to 5 ft. above the existing grade. Mr. Furbush asked where the back lot line was located on the plan. Mr. Cook said it is located at the peat shelf that is 31 ft. to the deck at the nearest point. Conservation has asked for an ACEC line to be added, a wetlands line, and a mitigation planting plan. The hearing is on the Conservation Agenda for March 28, 2019,but is continued to April 11. 1