10/10/2012 ZONING BOARD OF APPEALS Minutes

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` NIS Town a�f'Mashpee 16-Great Acck lead J1 i rth Mashp(,e,_Massachusett:s 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2012-52 Marian Oost-Lievense Certificate of Title: 124629 2 Kim Path Land Court Lot No: 4 (Block 13) Map 117 Parcel 250 Plan No: 11408 (Sheet 4) Mashpee, MA 02649 A Petition was filed on September 14, 2012 by Marian Oost-Lievense requesting a Written Finding under M.G.L. Chapter 40A Section 6 and Section 174-17 of the Zoning By-laws regarding continuance, extensions or alterations to allow for construction of an addition to a non-conforming, single-family dwelling structure on property located in an R-3 zoning district within the Popponesset Overlay District at 2 Kim Path (Map 117 Parcel 250) 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 September 21, and September 28, 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 October 10, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth, 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. Attorney Kevin M. Kirrane represented the Petitioner, who also attended the meeting. The property consists of 6,500 square feet of land with frontage on Kim Path and Uncle Percy's Road. The single-story, three-bedroom, 1,505 square-foot dwelling does not meet the side or rear setback requirements. The proposal calls for construction of a small 50 square-foot addition to the rear of the dwelling. This will create two small bedrooms and extra space in the kitchen area. Efforts to minimize any increase in lot coverage include plans to remove one foot along the entire rear length of the existing deck, as well as remove the attached shower and shed structures attached. Lot coverage will increase by a fraction from 23.2% to 23.9%. The proposal will not be closer to the sideline setbacks. The property is within the buffer zone to freshwater wetlands. On October 10, 2012, Engineer Jack Landers-Cauley filed a Request for Determination of Applicability with the Conservation Department, which is scheduled for the October 25, 2012 Conservation Commission Public Hearings.