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01/25/2023 ZONING BOARD OF APPEALS Decision
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01/25/2023 ZONING BOARD OF APPEALS Decision
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5/16/2023 10:20:05 AM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
01/25/2023
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Town of Mashpee <br /> Yryiy �l <br /> J <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> FINDING-2023-06 <br /> Owners, Mark J. Winters and Doc.: 1292034 <br /> Melissa A. Winters Ctf.: 209224 <br /> 112 Waterway <br /> (Map 105 Parcel 219) <br /> Mashpee, MA 02649 <br /> A Petition was filed on December 22,2022 by Owners,Mark J. and Melissa A. Winters requesting <br /> a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for an extension, <br /> alteration of an existing deck and spa with a raised patio and pool on property located in an R3 <br /> Zoning District, at 112 Waterway, Map 105 Parcel 219, Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. <br /> Notice was given by publication in The Mashpee Enterprise,a newspaper of general circulation in <br /> the Town of Mashpee, on January 6,2023 and January 13, 2023 a copy of which is attached hereto <br /> and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, January 25, <br /> 2023 at which time the following members of the Board of Appeals were present and acting <br /> throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, <br /> Ron Bonvie, Associate Members, Charles Reidy, and Brad Pittsley. <br /> Attorney Christopher Kirrane represented the homeowners for the Written Finding request as <br /> described in the public hearing notice. The existing structure and patio are non-conforming. The <br /> front yard setback is non-conforming at 19.6 ft. The northerly side yard setback is non- <br /> conforming at 11.2 ft. The setback to wetlands is 43 ft. and is non-conforming to the 50 ft. <br /> requirement. This lot is wholly located within Land Subject to Coastal Storm Flowage (LSCSF), <br /> and is non-conforming for lot coverage. <br /> The project includes removing a portion of the existing deck and spa,and replacing it with a patio <br /> and pool. The Attorney provided the Board with an existing and proposed site plan of the project. <br /> The patio and pool will be located in the same footprint, and there is no expansion of any <br /> setbacks. There is a slight reduction in the traditional lot coverage, and actually improving the <br /> northerly setback from 11.2 ft. to 13.1 ft. to the steps. <br /> 1 <br />
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