09/25/2013 ZONING BOARD OF APPEALS Minutes

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,1 6-I MASHPEE ZONING BOARD OF APPEALS SEPTEMBER 25, 2013 MINUTES • Mr. Morgan suggested Mr. Joia to place the shed in the rear of his lot. Mr. Joia does not want to move the shed in the rear because there is a stone wall and a deck on the right side of the lot, and would be an inconvenience for access purposes. The Board evaluated Mr. Joia's request for a Finding and discovered does not apply because the shed never existed on the lot, and therefore suggested Mr. Joia withdraw under Section 174-17 of the Bylaw. Mr. Bonvie stated there's a possibility that Tobeys Back Road is an ancient way and/or a public way and might have setback requirements for this area. Ralph Baker and Royce Baker, approached the Board and stated they are abutters that own 16 acres along Tobeys Back Road and gave a history of the former owner, Joseph Tobey ' that dates back to the 1800's. According to the Town of Mashpee, Tobeys Back Road does not exist and at the furthest point in the back abuts the Sandwich Town line. Mr. Bonvie wanted to know the proposed distance from the comer of the shed to Somerset Road. Mr. Joia stated it is 21 feet. The home is non -conforming at 37 feet. Mr. Furbush stated that in an R-5 the allowed lot coverage is 25 feet from the lot line and 40 feet from the street. He suggested to Mr. Joia that he think about putting the shed in the • back part of the yard. Mr. Blaisdell made a motion to dismiss Arthur R. and Darlene E. Joia's request for 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 pre-existing, non -conforming structure to relocate a shed on property located in an R-5 Zoning District at 49 Somerset Road, (Map 16 Parcel 11), Mashpee, MA. This petition was withdrawn at the request of the applicant because it does not apply. Mr. Bonvie second the motion, yes, Votes: Mr. Furbush, yes, Mr. DeBarros yes, Mr. Blaisdell, yes. All were in favor. Mr. Blaisdell made a motion to continue Arthur R. and Darlene E. Joia, request a Variance under Article VII § 174-3.1 (Land Space Requirements) of the Zoning By-laws to vary the rear and side setback requirements to relocate a shed located in an R-5 Zoning District at 49 Somerset Road, (Map 16 Parcel 11), Mashpee, MA. The Board recommended this hearing be continued until October 9, 2013 for reconsideration. The Board also references the statement to "locate" the shed on the property instead of "relocate". Mr. Bonvie second the motion, yes, Votes: Mr. Furbush, yes, Mr. DeBarros, yes, Mr. Blaisdell, yes. All were in favor.