08/25/1999 ZONING BOARD OF APPEALS Minutes

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TOWN OF MASHPEE Minutes—Zoning Board of Appeals Wednesday,August 25, 1999 The Mashpee Zoning Board of Appeals held a meeting on Wednesday, August 25, 1999, at 7:30 P.M. at the Mashpee Town Hall. Board Members present were Chairman Edward M. Govoni and Associate Members Zella E. Elizenberry and Richard T. Guerrera. Building Commissioner William F. Hauck and Building Inspector Russell W. Wheeler were also in attendance. Vice Chairman James E. Regan III, Board Member Robert G. Nelson and Associate Member James M. Dorgan were not in attendance. PUBLIC HEARINGS Lori A. Fuller -Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the sideline setback requirements to allow for a deck on property located in an R-3 zoning district at 136 Quinaquisset Avenue (Map 69 Block 7)Mashpee, MA. Sitting: Edward M. Govoni, Richard T. Guerrera and Zella E. Elizenberry. Mr. David Burton,real estate agent, represented the applicant. He was the realtor hired by the former owners,the Carboniers, of the subject property. Mr. Burton stated that, at the closing,the surveyor for the bank informed Ms. Fuller that the deck was in violation of the setback requirements. The deck is encroaching 7 feet from the lot line. The deck was contracted to be built by the Carboniers, who were told by the builder that a building permit was not required for constiuction of the deck. The deck is approximately one year old. Ms. Fuller chose to go ahead and buy the property since she had already moved and made her bank arrangements. Ms. Fuller and Mr. Burton were determined to resolve the issue of the non-conforming deck as soon as the closing was complete. Mr. Burton said that he was unaware that the deck did not meet the sideline setback requirements when he listed the house on the market. Mr. Govoni asked Mr. Hauck if it would be advisable for the Board to grant the Variance and then require the applicant to apply for a building permit. The Building Department could then inspect the deck to make sure that it is in compliance with the Building Code and the Zoning By-laws. No comments were received from abutters. Mr. Govoni moved to grant the Variance of 7 feet from the sideline setback requirements. The permit is conditioned upon the following: 1. the applicant must apply for a building permit. 2. the applicant must comply with any requirements by the Building Department to ensure that the deck complies with the building code.