09/14/2022 ZONING BOARD OF APPEALS Minutes

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� u u Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2022-33 Owners, Kevin A. Petitti and Denise J. Petitti Doc.: 1436962 Trustees of The Petitti Revocable Trust Ctf.: 227257 58 Triton Way(Map 127 Parcel 85) Mashpee, MA 02649 A Petition was filed on August 3, 2022 by Owners, Kevin A. and Denise J. Petitti, Trustees requesting a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for an alteration, extension of an existing deck and pool on property located in the R-3 and New Seabury Zoning Districts, Map 127 Parcel 85, 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 August 12, 2022 and August 19, 2022 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, September 14, 2022 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Board Members, Ron Bonvie, Scott Goldstein, Norman J. Gould, and Associate Member Robert Caggiano. Attorney Christopher Kirrane representing the owners of 58 Triton Way.He provided a site plan and highlighted the work area in color that depicts the alterations being performed. This is an application that pertains to removal of an existing pool,and replacing with a new pool and deck. The existing deck outer boundaries are marked in yellow and the proposed reconfigured deck is marked in pink. The pool is within the existing deck. The applicants seek a Written Finding under§174-17 for an alternation, extension of an existing non-conforming structure. This lot is located in the New Seabury Special Permit area which is not applicable to current day zoning. However, the Building Commissioner requested that this project be before the Board because the project is within the 50 ft. wetland buffer zone. The Conservation Commission approved the project with an Order of Conditions. The work area is not getting any closer to the 50 ft. setback because it is pre-existing,and will not be substantially more detrimental than the existing non-conform structures in the neighborhood. Additionally, the lot coverage is being reduced from 25.9%to 24.2%. 1