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Town of Nashpee <br /> 16 Great Aleck 1Zoad,A/6i th <br /> Maslipee,Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2020-17 <br /> Cindy L. True and Bk.: 32771 <br /> Michael Woodcock Pg.: 222 <br /> 53 James Circle <br /> (Map'71 Parcel 43) <br /> Mashpee, MA 02649 <br /> A Petition was filed on June 2, 2020 by Owners, Cindy L. True and Michael Woodcock <br /> requesting a Variance under §174-31 and §174-33 of the Zoning Bylaws to vary the lot <br /> coverage and setback from the wetlands to allow for reconstruction of an existing deck on <br /> property located in an R-5 Zoning District, Map 71 Parcel 43, Mashpee, MA. <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 June 1.2, 2020 and June 19, 2020 a copy of which <br /> 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 (remote/virtual) on <br /> Wednesday, July 8, 2020 at which time the following members of the Board of Appeals <br /> were present and acting throughout; Chairman,Jonathan Furbush,Vice Chairman,William <br /> Blaisdell, Board Members, Norman J. Gould, Scott Goldstein, Associate Member James <br /> Reiffarth. <br /> Cindy True represented herself for the proposed deck project. Also present was her <br /> builder/contractor. The lot contains 11,070 sq. ft. and is located on the waterfront of John's <br /> Pond immediately adjacent to Front Beach,and that parcel is owned by John's Pond Estates <br /> Association. She is seeking approval to replace the existing deck structure located at the <br /> rear of the property facing John's Pond as shown on the plan provided by Coastal <br /> Engineering. The existing deck was built 4.5 ft. over the property line, and is clearly non- <br /> conforming per zoning codes as it pertains to the minimum side setbacks, and the lot is <br /> shared with the Association. She is proposing to improve the non-conformity by replacing <br /> the deck onto her property, but still seeking zoning relief given the location of the home as <br /> outlined on the plan. <br /> Removing the deck off the house would still fall within 1 ft. off the side setback. Given the <br /> property's location on John's Pond, she concurrently submitted materials to Conservation, <br /> and did not require a permit or any further action. <br /> 1 <br />