04/11/2012 ZONING BOARD OF APPEALS Decision

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Town qf Mashppe �a f' 16 Great,)N' ek load o%rth Washpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Written Finding Finding-2012-15 M. Frances Risko Family Trust Certificate of Title: 192165 9 Starboard Lane Lot 3 (Block N) Mashpee, MA 02649 Plan 11408-V Map 118 Parcel 22 A Petition was filed on March 16, 2012 by M. Frances Risko and John H. Risko, Trustees of M. Frances Risko Family Trust Requesting a Written Finding under Section 174-17 of the Zoning By-laws to allow for several renovations, which include removal of an existing one-story section, replacement of a porch/study with a living room/study, replacement of a roof deck with outside steps on a pre-existing, non-conforming dwelling on property located in an R-3 zoning district at 9 Starboard Lane (Map 118 Parcel 22) 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 March 23, and March 30, 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 April 11, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Ronald S. Bonvie and Associate Member Judith M. Horton. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Mr. Steven Cook, Project Designer from Cotuit Bay Design, LLC. represented the Petition. Mr. John Risko and Ms. Frances Risko were also present. The dwelling is a slab-on-grade and was constructed in the 1960's with additions made over the years. Plans call for removal of the extensive mold and mildew damage from the porch and study. Construction will remain within the same footprint. The fireplace and chimney will be removed; the porch will be turned into an expanded living room; the study will remain. The window on the second floor will be replaced by a door leading out to the roof deck with egress stairs. No additional bedrooms are planned. The proposal meets the front setback, lot size, lot coverage, lot frontage and rear setback requirements. Mr. John Risko addressed the Board and stated that the porch and the study have become uninhabitable due to the widespread mold and mildew on the floor, walls, ceiling and furniture. He said that the problem is exacerbated when the humidity levels rise in the summer. The proposal will eliminate the damage and allow the family to use those rooms once again.