08/28/2013 ZONING BOARD OF APPEALS Decision

Home Browse Search

` �ti�n, o f 1�Ic�t tepee 16,Great�Nect� I�oacl A`ordi hAishpee,AIassachtcsedts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2013-32 Craig A. and Maureen A. Fitzgerald Certificate of Title: 185961 50 Spoondrift Way Lot# 148, Plan#11408-24 Mashpee, MA 02649 (Sheet 2) Map 112 Parcel 35 A Petition was filed on August 2, 2013 by Craig A. and Maureen A. Fitzgerald requesting a Written Finding under Section 174-20 of the Zoning By-laws and M.G.L. Chapter 40A§6 concerning rebuilding of destroyed or damaged non-conforming structures to allow for rebuilding of a single-family dwelling on property located in an R-3 Zoning District at 50 Spoondrift Way, (Map 112 Parcel 35)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 August 9, 2013 and August 16, 2013 a copy of which is attached hereto and made a part hereof. On August 28, 2013, Public Hearings were held on this Petition at the Mashpee Town Hall at which time the following Board members were present,Jonathan D.Furbush, William A. Blaisdell, James Reiffarth, Ronald S. Bonvie, and Associate Member, Domingo K. DeBarros. Also present was Richard Morgan,Building Commissioner. Board Members John M. Dorsey, and Richard Jodka were absent. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provision of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Kevin Kirrane, Attorney, representing the petitioners mentioned that Maureen Fitzgerald, homeowner and Bob May, Architect were also present. Kevin stated the petitioners are proposing to raze and replace the five (5)bedroom structure with a four (4) bedroom structure. The existing home was damaged over the past winter and is unrepairable. The proposal also includes the replacement of an older sewage disposal system with a new Title 5 system. Mr. Kirrane submitted revised architectural and site plans that depict the proposed four (4) bedroom dwelling with the shed and pool to remain. The deck will be removed. The site plan shows the floor elevation to be 22 feet and the slab elevation at 13 feet. The proposed structure will improve on the westerly sideline setback to 15 feet and increases, the setback from the water to 30 feet. 1