12/11/2019 ZONING BOARD OF APPEALS Minutes

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Town of Nfashpee 16 Great ;\'cck 1(pad:A'orth l �'Ah Nashpee,Massachusetts 09649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2019-56 Owner,Diana M. Leccese Doc.: 1209401 44 Barbary Circle Ctf.: 199061 (Map 96 Parcel 104G) Mashpee, MA 02649 A Petition was filed on October 24,2019 by Owner,Diana M.Leccese requesting a Written Finding under§174-17 of the Zoning Bylaws to allow'for changes,extensions or alterations of a pre-existing, non-conforming single-family structure on property located in an R-3 Zoning District, at 44 Barbary Circle, Map 96 Parcel 104G, 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 November 15, 2019 and November 22, 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, January 8,2020 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein and Associate Member, James Reiffarth. Mr. Steve Cook, Cotuit Bay Design represented Diana Leccese for the renovation project. The house was built in 1982 located on the Mashpee River and is pre-existing, non- conforming because it's 26.9 ft. from the front property line. The property has a steep drop- off toward the river behind the house. The homeowner would like to expand the garage 12 ft. towards the street, and 4 ft. towards the south property line in order to construct a porch between the garage and the existing part of the house. The proposed addition on the garage will be 28 ft. from the property line, so it's over 1 ft. behind the non-conforming part of the house off the front property line. The side setback is currently 34. 2 ft. and the proposed is 30 ft., which meets the requirements. The lot coverage is 13.4% and also meets the requirements. The project was approved by the Board of Health and Conservation Commission. There's no encroachment toward the coastal bank; it's just a 4 ft. extension toward the building line. Mr. Furbush asked what the distance was for the shed to the property line. Mr. Cook said it is 5 ft. from the property line and it's an 8' x 10' shed. 1