06/23/2010 ZONING BOARD OF APPEALS Minutes

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y0`,a" Towz of Mashpee Via,, Cif,✓ ,rs� 16 Great J%ck k)ad,Aforth Alaslihee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-10-26 Patricia M. Donnelly and Roger Schiffinan Assessor's Map 125 Parcel 196 43 Driftwood Circle Certificate of Title: 156725 Mashpee, MA 02649 A Petition was filed on May 24, 2010 by Patricia M. Donnelly and Roger Schiffinan of Weston, Connecticut for a Variance from Section 174-31 of the Zoning By-laws to vary the rear setback requirements to allow for an existing deck on property located in an R-3 zoning district at 43 Driftwood Circle (Map 125 Parcel 196)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, June 4, and June 11, 2010, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on June 23, 2010. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan Furbush and William Blaisdell, and Associate Members Peter Hinden and Ronald S. Bonvie. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Mr. Schiffman represented the Petition and explained that he and his wife did not know that the existing deck encroached on the rear setback requirements when they purchased the home in 2000. Mr. Schiffinan said that he has since increased the size of the deck, unaware that it encroached even further into the rear setback requirements. The setback violation was recently discovered when an engineering survey was conducted in preparation for relocation of the existing Jacuzzi and installation of a small pool. Mr. Schiffinan said that he would prefer not to have to remove a portion of the deck. The property is in a cluster subdivision and the rear setback requirements are 20 feet. Even with proposed construction of the pool, total lot coverage will remain below the 20%maximum allowed. No comments were received from abutters. GENERAL FINDINGS: the subject property is located at 43 Driftwood Circle and consists of 14,405 square feet of land.