02/13/2013 ZONING BOARD OF APPEALS Minutes

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• MASHPEE ZONING BOARD OF APPEALS FEBRUARY 13, 2013 MINUTES This request is in compliance with the conditions of 1997 ZBA Decision which expires on March 23, 2013. This is conditioned upon the Petitioner posting a $25,000 bond to be held by the Town of Mashpee for potential removal of this tower. This Decision is conditioned upon compliance with plan done for SBA Communications Corporation, One Research Drive Suite 200 C, Westborough, MA 01581, and by Infingy Design Build Deliver, stamped by Commonwealth of Massachusetts, signed by Chris J. Warren, Registered Professional Engineer on December 10, 2012. The drawing is dated December 7, 2012. This extension is for another 15 years, through 2028. Mr. Furbush seconds the motion. Votes: Mr. Furbush, yes, Mr. Blaisdell, yes, Mr. Dorsey, yes, Mr. Reiffarth, yes, Mr. DeBarros, yes, all in favor. William P. Tommasino and Deborah D. Thornton: Request a Written Finding under §174-17 of the Zoning By-laws and M.G.L. Chapter 40A Section 6§ concerning continuance, extension or alteration of pre-existing, non -conforming structures to allow for construction of additions onto'a dwelling on property located in an R-3 zoning district at 196 Waterway (Map 111 Parcel 96) Mashpee, MA. • Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie and James Reiffarth and Associate Member John M. Dorsey. Attorney Kirrane represented William Tommasino and Deborah Thornton who are the owners of the property, situated along the waterway, in the New Seabury section of Mashpee. This proposal calls for some modest additions to this pre-existing non- conforming structure. The existing non -conformities relate to the side yard, the front yard, and the setback from waters and wetlands. Attorney Kirrane provided a photograph of the existing structure as well as a photograph of structures that abut the property. The proposed additions are to the rear portion of the deck and to the front entry way and over the existing deck. The proposal will remain under the 20% lot coverage criteria. The existing as well as a portion of the existing deck will be removed. The existing spiral staircase that goes down into the basement area is in very close proximity to the front door creating a dangerous condition. Altering the entry way would eliminate that condition and allow for a ramp proposed for the front door and construction of a small half -bath in that particular area that will be easily accessible for a handicapped family member. The Tomassino's are not increasing the non -conforming side yard setback. There will be slight encroachment into the setback from the water and wetlands. Currently the front yard setback is 29.8. With the proposal it will be 20 feet. rd