09/12/2012 ZONING BOARD OF APPEALS Minutes

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ate i��„.Y Town Of°Mashpee 3 16 Gr(,at u'Vcck load Aforth. Nlashpee,Massachusetts 02049 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2012-44 Nathan Kalowski, Trustee Certificate of Title: 161464 35 Waterline South Drive Land Court Lot#49 Map 120 Parcel 151 Plan#35464 (Sheet 4) Mashpee, MA 02649 A Petition was filed on August 17, 2012 by Nathan Kalowski, Trustee, for a Written Finding under Section 174-17 of the Zoning By-laws to allow for construction of an addition to a pre-existing, non-conforming dwelling located on property located in an R-3 zoning district at 35 Waterline South Drive (Map 120 Parcel 151) 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 24, and August 31, 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 September 12, and October 24, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell and Judith M. Horton, and Associate Members John M. Dorsey and Domingo K. DeBarros. 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 September 12, 2012 Public Hearings, Mr. and Mrs. Kalowski represented their Petition. Mr. Kalowski stated that plans call for addition of an l lxl3-foot bedroom with a bath located behind the garage. One of the existing bedrooms will be converted into an office or playroom. Existing lot coverage is 23.73% of the upland area. The proposal will increase lot coverage to 26.22% of upland area. Mr. Kalowski said that the proposed addition is not luxurious and represents a practical size given the expense of remodeling. The Conservation Commission approved the proposal and issued an Order of Conditions on September 25, 2012. According to the Board of Health, the existing leaching facility restricts the dwelling to three bedrooms. Building Cominissioner Richard E. Morgan determined that the subject property is not in a cluster subdivision and that development is limited to 20% lot coverage. The Board expressed concern with the proposed increase in lot coverage. Mr. Furbush asked if the Petitioner would consider removing the garage or part of the existing large deck to reduce lot coverage. Mr. Kalowski stated that part of the enjoyment of their summer