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Town of Nfashpee <br /> 16 Czircrt %ck I{oad �ort)t <br /> Washpee,Alassachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2019-59 <br /> Petitioner, Thomas F. Smith Bk.: 31198 <br /> 161 Timberlane Drive Pg.: 292 <br /> (Map 22 Parcel 16C) <br /> Mashpee, MA 02649 <br /> A Petition was filed on by November 7, 2019 by Petitioner, Thomas F. Smith requesting a <br /> Variance under§174-33 of the Zoning Bylaws for setback relief from the wetlands resource <br /> areas to allow for construction of a deck on property located in an R-5 Zoning District, at <br /> 161 Timberlane Drive, Map 22 Parcel 16C, Mashpee, MA. (Owner of record: Janice <br /> Leonard, Trustee of the 161 Timberlane Drive Realty Trust). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on November 15, 2019 and November 22, 2019 a <br /> copy of which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A§10 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> January 22, 2020 at which time the following members of the Board of Appeals were <br /> present and acting throughout; Chairman,Jonathan Furbush,Board Members,Ron Bonvie, <br /> Scott Goldstein, and Associate Members Sharon Sangeleer, and George Ganzenmuller. <br /> Mr. Smith represented the petition for the Variance request. At the last Zoning Board <br /> meeting, Mr. Smith said that there were questions regarding the existing deck being too <br /> close to the wetlands of the 50 ft. setback. There are two decks, one is 10 ft. x 30 ft., and <br /> the other is 4 ft. x 20 ft., and are connected. Mr. Smith said that the 4 ft. x 20 ft. deck was <br /> approved by Conservation at their meeting two months ago. He provided the revised plan <br /> that was approved by Conservation.He asked Conservation for approval of the 20 ft.runner <br /> that is to the left of the 10 ft. x 30 ft. main deck. <br /> Chairman Furbush wanted to review the issues that were discussed at the last meeting, and <br /> what was discussed with the Building Inspector. Mr. Smith said he asked Charlie for the <br /> numbers relating to the distance from the wetlands of the 10 ft. x 30 ft. deck. The Board <br /> noticed that the distance of the smaller deck is 48.8 ft. from the wetlands. <br /> The Board reviewed the conditions issued by the Conservation Commission, and made <br /> note that Item 17 would pertain to the deck noting that any changes must be communicated: <br /> 1 <br />