10/14/2020 ZONING BOARD OF APPEALS Minutes

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h ,°""% Town of Mashpee 16 Great JVeck Road X1 rth Alaslipee, Wassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2020-38 James R. Loew and Sandra A. Loew 35 Highview Avenue (Map 50 Parcel 4) Mashpee, MA 02649 Bk.: 33105 Pg.: 282 A Petition was filed on September 11, 2020 by Petitioner, Ashbel White Joyal requesting a Written Finding under § 174-17 of the Zoning Bylaws to allow for reconstruction of a 12 ft. x 24 ft. deck to a pre-existing, non -conforming structure on property located in an R5 Zoning District, at 35 Highview Avenue, Map 50 Parcel 4, Mashpee, MA (Owner of Record: James and Sandra Loew). 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, Ron Bonvie, Scott Goldstein, and Norman J. Gould. Mr. Joyal represented the owners for this deck reconstruction project. The only change that he is proposing is to widen the stairway so it will conform to the current building codes. The plan shows a slight encroachment to the southern property line. In order to structurally and adequately attach the railing to the stairs, the stairs need to be slightly wider without encroaching on the 36 inch width. It's a 1 ft. difference for the stairs only, not the deck. Chairman Furbush reviewed the site plan and confirmed that the proposed stairs were 8.8 ft. from the lot line, and are currently 9.8 ft. Mr. Furbush polled the Board for their comments. Mr. Bonvie had no comments. Mr. Goldstein thought that stairs were not included, and asked Charlie for his comments. Charlie said that the change is to the landing, but § 174-17 allows for changes, extensions, or alterations. Scott had no issues, Jonathan had no issues, Mr. Gould had no issues, and Mr. Blaisdell had no issues.