05/14/2014 ZONING BOARD OF APPEALS Decision

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.� W,� T wn of Mashpee 16 Ureat J4ek ltoad.,'dartlz rYn•+isc� I�ICtJl2)JEC, aSSaC{1ttS(`tf3 0`649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2014-26 Theodore Ell Land Court Lot: #35449-B 14 Pem Lane Lot#: 8 (Map 89 Parcel 3G) Mashpee, MA 02649 A Petition was filed on April 11, 2014 by Theodore Ell, requesting a Written Finding under Article V §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance,extension or alteration of a pre-existing,non-conforming structure to allow for construction of a first floor garage and second floor bath on property located in an R-5 Zoning District at 14 Pem Lane (Map 89 Parcel 3G), 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 April 18, 2014 and April 25, 2014 a copy of which is attached hereto and made a part hereof. 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. Mr. Steven Cook, of Cotuit Bay Design represented the Petitioner for the proposed project. Theodore Ell and Maureen Creedon, homeowners were present as well as the Builder, Bob Foley. The project consists of a one half-story garage with a bathroom above on a pre-existing, non-conforming house located at 14 Pem Lane. The existing home is non-conforming on the West side by 6 inches as shown on the plot plan. The property shows a cul-de-sac on paper which swings a radius. The 12 foot addition will have an 18 inch wall, a 9 foot door and an 18 inch wall. The outer corner wall brings the addition into the 40 foot radius setback off of Pem Lane. As depicted on the plan, Pem Lane does not have a cul-de-sac, it's on paper only. The road ends. The Written Finding request is the setback of 2.5 feet by 4.0 feet section. An RDA approval was received by Conservation because the property is within the 200 foot setback, from the Mashpee River. The homeowners are requesting another structure for their vehicle. Architectural plans were also provided. The setback from the street will be 37.7 feet,therefore requesting a 2.3 foot relief. Board Member, Mr. Bonvie, read the Board of Health comments into the record; "Septic inspection required. Property is on denite and UV per original 1997 septic permit. Ultra-violet light is reported as not working. UV light to be repaired prior to issuance of building permit." 1