04/25/2012 ZONING BOARD OF APPEALS Decision

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Town o f Mecshpee 16 Great wreck load� Grth °snaisc� hlashnee,-tMassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR WITHDRAWAL WITHOUT PREJUDICE PETITION FOR A WRITTEN FINDING Finding-2012-16 13 Broomstick Way Registry of Deeds Title Reference: Mashpee, MA 02649 Book: 9190 Page: 327 Map 116 Parcel 31 Plan 318 Sheet 32 A Petition was filed on March 23, 2012 by Mark A. and Ellen S. Koretz requesting a Written Finding under Section 174-17 of the Zoning By-laws to allow for construction of additions to an existing dwelling on property located in an R-3 zoning district at 13 Broomstick Way(Map 116 Parcel 31) 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 April 6, and April 13, 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 25, 2012 and June 13, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, Ronald S. Bonvie and 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. At the April 25, 2012 Public Hearings the Board discovered that there is no driveway on the subject property and the Petitioner has been parking on Broomstick Way. The Board also learned that Mr. and Mrs. Koretz performed landscaping on the subject property without the required Conservation Commission approval. The Board continued the hearing to allow the Petitioner an opportunity to submit a certified plot plan showing the proposed driveway and parking on the property and to resolve the landscaping violation in compliance with Conservation Commission enforcement orders. At the continued hearings on June 13, 2012, Mr. Koretz expressed concern that carving a parking area would make the extremely sloping topography of his fiont yard unstable. He asked the Board to consider allowing the proposed additions to his home without requiring him to provide parking on the subject property. The Board reminded him that part of the Written Finding requires adequate off-street parking. Mr. Koretz asked for another continuance to allow him an opportunity to seek legal and engineering advice. Acting as Agent for the Petitioner, Jean Bowden of Capizzi Home Improvement, sent an email dated July 10, 2012 to the ZBA office indicating that Mr. and Mrs. Koretz request Withdrawal of the Petition. At the Public Hearings on July 11, 2012, the Board voted unanimously to accept the request for Withdrawal without Prejudice of the Petition for a Written Finding.