02/22/2012 ZONING BOARD OF APPEALS Decision

Home Browse Search

wn of h1ashpee 16 t>r eat \ec goad t 1'bi A11as1?pee,Nassact ausetts 02640 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2012-4 Robert H. and Maura B. Wittstein Certificate of Title#: 196058 55 Monahansett Road Lot#: 15 (Block 56) Mashpee, MA 02649 Plan#: 11408-22 (Sheet 1) Map 123 Parcel 100 A Petition was filed on January 26, 2012 by Robert H. Wittstein and Maura B. Wittstein requesting a Variance from Section 174-33 of the Zoning By-laws for permission to vary the setback to water and wetlands to allow for addition of a deck to an existing dwelling on property located in an R-3 zoning district at 55 Monahansett Road (Map 123 Parcel 100) 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 February 3, and February 10, 2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on February 22, 2012. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and John M. Dorsey. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Mr. Wittstein represented his Petition and stated that the proposal calls for addition of a 12'xl2' deck to his home. Current access to the back, of the property is through an unfinished basement. Mr. Wittstein said that the addition of the deck would allow his family access to the back of the property and would create a pleasing flow from the sunroom into the back yard. The proposal conforms to the side setback, front setback, and lot coverage requirements. The proposal will encroach into the setback to water and wetlands. Photos of the property clearly show its sloping topography and that the single- story home pitches downhill from fi•ont to back, creating two stories in the rear. On January 26, 2012, the Conservation Commission approved the proposal (Negative Determination of a Request for Determination of Applicability) with no further conditions. No comments were received from abutters.