12/12/2012 ZONING BOARD OF APPEALS Minutes

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Town oJ lashpee Q fa 16 Great cc� Aoad_Nbi tlr. Moslipee,lWassachusetts 02649. MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2012-65 Nicholas S. and Ann K. Mabardy Certificate of Title: 161648 2 Rock Island Road Land Court Lot#443 and 13 (Block B) Map 123 Parcel 17 Plan 11408-37 and 6811F Mashpee, MA 02649 A Petition was filed on November 16, 2012 by Nicholas S. and Ann K. Mabardy requesting a Written Finding under §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of non-conforming structures to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 2 Rock Island Road(Map 123 Parcel 17) 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 November 23, and November 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 December 12, 2012 at which time the following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, and Ronald S. Bonvie, and Associate Members John M. Dorsey and Domingo K. DeBarros. At the continued hearings on January 9, 2013, the following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, Ronald S. Bonvie, James Reiffarth and Judith M. Horton and Associate Member Domingo K. DeBarros. Unable to attend the December 12, 2012 ZBA Public Hearings, Board Members James Reiffarth and Judith M. Horton submitted written certification that they examined evidence received at the missed session. This written certification complies with Article 21 of Chapter 39 of the General Laws §23D and shall become part of the record of this hearing. 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 December 12, 2012 Public Hearings, Attorney Kevin M. Kirrane, and Mr. Nicholas Mabardy represented the Petition. Attorney Kirrane stated that while the existing structure is assessed at only$50,000, the land is assessed at nearly$450,000. He stated that the surveyor was not aware of Town Counsel's opinion that the buffer zone cannot be used toward total lot coverage. Hence, the subject property contains 4,000 square feet of land with existing lot coverage of 31.5%. The existing structure does not conform to the side setback requirements. Current setback on one side is 3 feet; the setback on the southeasterly side is 10.7 feet. The front setback is approximately seven feet from the 40-foot wide easement.