10/14/2020 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee h' 96 Great JYeck 1 oad A�oi d'QysUlf. �V �� Aloshpoe, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2020-39 Ralph J. Cook and Susan R. Cook (Map 65 Parcel 38A) 8 Annawon Road Mashpee, MA 02649 Doc.: 893641 Ctf.: 167279 A Petition was filed on September 14, 2020 by Owners, Ralph J. and Susan R. Cook requesting a Written Finding under § 174-17 of the Zoning Bylaws to allow for extension, alteration of the upper deck to a pre-existing, non -conforming structure on property located in an R-3 Zoning District, at 8 Annawon Road, Map 65 Parcel 38A, 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 September 18, 2020 and September 25, 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 as a virtual/remote meeting on Wednesday, October 14, 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, Scott Goldstein, Norman J. Gould, and Associate Member, George Ganzenmuller. Ralph and Susan Cook represented themselves for the petition to reconstruct their upper deck. They provided the Board with a site plan that depicted an existing deck attached to the dwelling structure that was permitted prior to purchasing the home, and also included the proposed deck. The original deck was built approximately at the time the house was built back in 1999. The Certificate of Occupancy for the single family dwelling was issued in 2001. The Cook's purchased the home in 2002. Chairman Furbush said he did a site visit and thought the deck looked unsafe. He noticed on the site plan that the upper covered porch is 10.4 ft. from the lot line. Mr. Furbush asked the Cook's if they built the upper and lower decks. Ralph said; no, they were the original existing decks. Ralph said he is not changing the 10.4 ft. setback. Mr. Furbush also confirmed that the lower deck is not within the 50 ft. buffer as shown on the plan, and will not be encroaching on the wetlands. The new deck will be built within the same footprint therefore not creating any new non -conformity, and not expanding a current non- conformity.