09/22/2010 ZONING BOARD OF APPEALS Minutes

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14 MASHPEE ZONING BOARD OF APPEALS MINUTES September 22, 2010 • Sitting: Board Members Robert G. Nelson, William A. Blaisdell, James Reiffarth and John M. Dorsey and Associate Board Member Peter R. Hinden. Mr. Kevin Kieler of Brady -Built Sunrooms, Auburn, Massachusetts represented the Petitioner, Mr. Michael Cusack, who 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 result in less of an encroachment into the setback. The proposal deck; the proposal will requires a Variance of 2.1 feet from the side setback requirements. Lot coverage will be 16.8%. When the Petitioner filed for the Variance relief, it was discovered that the existing garage is also within the side setback. The Petition was advertised to allow the Board the option of resolving that issue. 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. Mr. Blaisdell made a motion to grant the following: • • a Variance of 2.1 from the side setback requirements to allow for construction of the sunroom. • a Variance of 1 foot from the side setback requirements to allow for the existing ' garage. Variance findings: removal of the existing deck will result in less of an encroachment into the setback. Unusual (narrow, elongated) shape of the lot. This Decision is conditioned upon compliance with Yankee Land Survey Co., Inc. plan entitled: "Plot Plan of Land Located at 40 Vista Circle Mashpee, MA Prepared for Michael Cusack August 4, 2010". Mr. Dorsey seconded the motion. All were in favor. Brett R. Field: Requests a Variance from Section 174-32 of the Zoning By-laws to vary. the fire protection access requirements to allow for an existing driveway on property located in an R-5 zoning district at 659 Main Street (Map 13 Parcel 45) Mashpee, MA. Sitting: Board Members Robert G. Nelson, William A. Blaisdell, James Reiffarth and John M. Dorsey and Associate Board Member Ronald S. Bonvie. Mr. Brett R. Field represented. his Petition and said that he consulted with the Town • Planner Thomas Fudala last year when he was contemplating purchase of the subject 2