06/22/2011 ZONING BOARD OF APPEALS Minutes

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+ a tlb',`(.,vf.9 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A FINDING OF FACT FoF-2011-25 Desmond M. and Joan H. Kelly Book: 34 Page: 82 5 Shore Drive Certificate of Title#: 171978 Mashpee,MA 02649 Land Court Lot#: 11 (Block 25) Map 112 Parcel 73 Plan#: 11408-N A Petition was filed on May 26, 2011 by Desmond M. and Joan H. Kelly for a Finding of Fact under Section 174-17 of the Zoning By-laws for permission to construct a screened porch onto an existing home on property located in an R-3 zoning district at 5 Shore Drive (Map 112 Parcel 73)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 June 3, and June 10, 2011 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 June 22, 2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member 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. Mr. Desmond M. Kelly represented his Petition and stated that he would like to enclose the porch on his house. He said that the unusual pie shape of his property restricted location of the dwelling. The unusual shape of the property is now creating a hardship for the Petitioner to meet the setback requirements with this proposal. Mr. Kelly invited his neighbors onto his property and detailed his plans to enclose the porch. His neighbors assured him that the proposal does not pose concerns for any of them. Mr. Nelson said that the lot coverage calculation on the site plan is incorrect, but it appears that the proposal would not exceed the allowed 20%lot coverage. No comments were received from abutters. GENERAL FINDINGS The subject property is located at 5 Shore Drive and consists of 7,342 square feet of land.