09/22/2010 ZONING BOARD OF APPEALS Minutes

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!911"cv. Town of Nashpee 16 Grew Jdeck Agad Xord i Il,E Nlaslzpee, lklassachz:zsetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-10-35 Michael Cusack Assessor's Map 60 Parcel 76 40 Vista Circle Registry of Deeds: Mashpee, MA 02649 Book 6881 Page 288 A Petition was filed on August 13, 2010 by Michael Cusack requesting a Variance from Section 174-31 of the Zoning By-laws to vary the side setback requirements to allow for an existing garage and replacement of an existing deck with construction of a sunroom on property located in an R-5 zoning district at 40 Vista Circle (Map 60 Parcel 76) 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 3, and September 10, 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 September 22, 2010. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, William A. Blaisdell, James Reiffarth and John M. Dorsey, and Associate Board Member Peter R. Hinden. 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. Kevin Kieler of Brady-Built Sunrooms represented the Petition. The homeowner Mr. Michael Cusack also attended the meeting. Mr. Kieler said that the long, narrow lot restricts location of the proposed sunroom. He said that the proposed construction is a high quality, custom-made solid wood structure. The existing deck was mistakenly constructed within the 15-foot side setback. With removal of the existing deck, the proposal will result in less of an encroachment into the setback. Lot coverage will be 16.8%. Building Commissioner Richard Stevens said that the subject property is in a cluster subdivision with setback requirements of 30 feet from the front, 15 feet from the side and 20 feet from the back. No comments were received from abutters.