10/08/2014 ZONING BOARD OF APPEALS Decision

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Tawn of Alashpee F .' 16 O'Cat Aeck load Aoah Alashpee, Alassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2014-45 Robert M. Hackett and Marjorie A. Hackett Title Reference: Trustees of RMMAH8 Nominee Realty Trust Book: 28191, Page: 258 10 Stanley Road Plan#: 27, Page 27 (Map 114 Parcel 88 & 89) Mashpee, MA 02649 A Petition was filed on September 11, 2014 by Marjorie Hackett and Robert Hackett requesting a Request a Written Finding under § 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 deck, on property located in an R- 3 Zoning District at 10 Stanley Road, (Map 114 Parcel 88 & 89), 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 19, 2014 and September 26, 2014 a copy of which is attached hereto and made a part hereof. Public Hearings were held on Wednesday, October 8, 2014 on this Petition at the Mashpee Town Hall at which time the following Board members were present; Jonathan Furbush, Chairman, William A. Blaisdell, Vice Chairman, Ronald Bonvie, Clerk, Board Member, James Reiffarth, Associate Members, Dom DeBarros and Scott Goldstein. Also present was Building Commissioner, Michael Mendoza. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provision of Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. Attorney, Kevin Kirrane represented Robert and Marjorie Hackett for their deck addition and supplied the Board with photographs, a plot plan, and a copy of recorded decisions of finding a fact for their demo and rebuild house project back in 2013. The updated plan depicts their new home and an adjacent parcel of land they acquired which increases the size of their parcel fiom 2,968 square feet to 6,112 square feet. This will allow them to add a 240 square foot deck to the Southerly side of the new dwelling. The existing structure is still non -conforming and therefore there is a need to apply for a Finding with the 14 x 16 deck addition. The proposed deck, will conform to the side and rear setback requirements of (15'), and will be under the 20% lot coverage due to the acquisition of the adjacent parcel.