08/12/2020 ZONING BOARD OF APPEALS Minutes

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Town of Nashpee y' 16 Great Mcck Road,Alorth Mashlice,Alassachusetls 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2020-24 Nancy J. Cleary Doc.: 1382079 4 Wheelhouse Lane Ct£: 220937 (Map 120 Parcel 155) Mashpee, MA 02649 A Petition was filed on July 14, 2020 by Owner, Nancy J. Cleary requesting a Written Finding under §174-17 (a pre-existing,non-conforming structure) of the Zoning Bylaws to allow for construction of a porch and stairway on property located at 4 Wheelhouse Lane, in an R-3 Zoning District, (Little Neck Bay), Map 120 Parcel 155, 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 July 24, 2020 and July 31, 2020. 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 (virtual/remote) on Wednesday, August 12, 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 Norman J. Gould. Tom Bunker, with BSS Design represented the application for 4 Wheelhouse Lane which is in the Little Neck Bay area and fronts on Great River. He provided an existing and a proposed site plan. He said that the public notice mentions the porch which was an error because at the time he submitted the plan, the porch on the front was permitted; and was already being constructed. The existing house is non-conforming on the side line setback on the north at 14.8 ft., and 15 ft. is required. The south sideline is 14.2 ft. but the deck and shower were removed from the property. The real non-conformity is the setback to the saltmarsh which requires a 50 ft. setback. The closest point to the existing house is the corner of the deck at 23 ft. to the.wetlands. Tom pointed out the steps on the new plan that will be added showing 29 ft. from the wetlands to the existing deck and remaining at 23 ft. This is not creating a new non-conformity, and is not increasing the non-conformity. It is a little closer to the wetlands than the existing steps, but it is not increasing the non- conformity. This change is not detrimental to the neighborhood, and will be an improvement to the setbacks as required under the bylaw. Chairman Furbush wanted to confirm that the front porch was an error, and the removal of the shower and platform. Tom confirmed that the front porch was an error and was permitted, and the shower and platform were removed. . 1