10/24/2012 ZONING BOARD OF APPEALS Minutes

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Tou-,,,n of Alashpee 10 Great A'eck Pvaad �i tt2 ,Mashpee,Wassachusetts 02649 k MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2012-55 Robert and Alexa M. Fox, Trustees Certificate of Title: 172676 42 Tri-Town Circle Land Court Lot 40 one Map 40 Parcel 29 Subdivision Plan: 12787-K(Sheet 2) Mashpee, MA 02649 A Petition was filed on September 28, 2012 by Robert and Alexa M. Fox, Trustees, requesting a Written Finding under M.G.L. Chapter 40A §6 and §174-17 of the Zoning By-laws to allow for construction of additions to a non-conforming dwelling on property located in an R-5 zoning district at 42 Tri-Town Circle (Map 40 Parcel 29) 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 October 5, and October 12, 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 24, 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. Steven Cook, owner of Cotuit Bay Design, LLC, represented the Petition. Mr. Fox was also present at the meeting. Mr. Cook stated that the proposal consists of a 16x36-foot, two-story addition onto the right side of the existing dwelling. The proposal will add two more bedrooms to the one-bedroom dwelling. One of the bedrooms will provide accommodation for Mr. Fox's elderly mother. Although the proposal will encroach into the side setback, that side of the property abuts a 10-foot buffer zone between the subject property and the neighboring property that will remain undeveloped. Lot coverage will only increase from 11.4% to 13.8%. In 2003, the ZBA granted a Variance and Special Permit to allow for a one-bedroom accessory apartment in the attached garage. The septic system is approved for four bedrooms. The sloping topography of the property restricts location of the proposal. The Board of Health reviewed the proposed plans and requested the ZBA Decision to include conditional language in order to satisfy its requirements. No comments were received from abutters.