12/09/2020 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee r b 16 Great A*LoaJ�d orth Mashpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2020-49 Suzanne M. McCartney and Bk.: 30690 Kevin G. McCartney Pg.: 47 29 Melissa Avenue (0 Melissa Avenue) (Map 21 Parcel 7B) Mashpee, MA 02649 A Petition was filed on October 26,2020 by Owners,Suzanne M. and Kevin G. McCartney requesting a Variance under §174-31 (Land Space Requirements) of the Zoning By-Laws to vary the rear setback, side setbacks, and lot size requirements to allow for construction of stairs, platform, and dock complex on a vacant parcel of land on property located in an R-5 Zoning District, 0 Melissa Avenue, Map 21 Parcel 7B, 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 November 13, 2020 and November 20, 2020. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, December 9, 2020 as a virtual remote meeting 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. Attorney Kirrane represented the homeowners for the stairs, platform, and dock complex. A wooden walkway is proposed and will replace the existing old cobblestone path along the narrow parcel toward the Mashpee Pond. The request for Variance relief is from the side yard setbacks, and from the rear yard setback because of the increase in the rear to the mean high water. This application did not include the setbacks from the wetlands because this is a type of use is specifically excluded for the need of relief as noted under Section 174-33. Attorney Kirrane spoke about the unusual topography and dimensions of the lot. The relief request is for 8.5 ft. from the Northerly property line, and would require a Variance of 6.5 ft., and the boardwalk is 5.5 ft. from the Southerly side line, and 9.5 ft. of the side yard setback. The platform would require setback relief of 6 ft. from the rear of the mean high water. Mr. Kirrane said that it is up to the Board to decide if relief is warranted for lot size because this is not a buildable lot. The Board determined that 68,200 sq. ft. would be the relief for the lot size. 1