10/14/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING James R. Loew and Sandra A. Loew 35 Highview Avenue (Map 50 Parcel 4) Mashpee, MA 02649 FINDING-2020-38 3. The proposed additions, based upon the plans submitted to the Board, will be consistent with applicable State and Town statues, regulations, bylaws and plans, complies with the dimensional requirements applicable to the lot under current provisions of § 174-31 (Land Space Requirements Table Footnotes) # 18 of the Popponesset Overly District, or for lots which have been developed pursuant to § 174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of § 174-21 Nonconforming lots. 4. Construction of the dwelling is contingent upon Board of Health final approval. 5. Construction of the dwelling will conform to current building code requirements. 6. There is adequate land area to provide sufficient parking and setbacks as may be required. GENERAL CRITERIA: The subject property located at 35 Highview Avenue is approximately 11, 250 square feet. Mr. Blaisdell read the Board of Health comments dated October 14, 2020 into the record. There were no comments from Conservation. There were no other comments from the Board or phone calls from residents. SPECIFIC FINDING CRITERIA: In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, October 14, 2020, the Zoning Board of Appeals voted unanimously to issue a Written Finding to Petitioner, Ashbel White Joyal 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, Map 50 Parcel 4, Mashpee, MA (Owner of Record: James and Sandra Loew) with the following conditions; 1. The non -conformity is currently 9.8 ft. on the side yard to the existing stairs. The owners are seeking to expand that non -conformity to 8.8 ft. for 1 ft. relief to this finding. 2. Plot Plan of Land Prepared for James and Sandra Loew showing proposed deck and stairs. 35 Highview Ave., Mashpee, MA. Scale: 1" = 20', August 22, 2020, Prepared by: John Doyle, Registered Land Surveyor.