12/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2023-64 Owners, Gary J.Nagle Doc.: 1332846 and Denise M.Nagle Ctf.: 214466 31 Birch Way Map 27, Parcel 86 Mashpee, MA 02649 A Petition was filed on October 26, 2023 by Owners, Gary J. and Denise M. Nagle, requesting a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction of an existing garage, and porch addition to a pre-existing,nonconforming structure on property located in an R- 5 Zoning District, at 31 Birch Way, Map 27, Parcel 86, 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 November 10,2023 and November 17,2023 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, December 13, 2023, and continued to Wednesday, January 10, 2024; at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ronald Bonvie, Board Members, Jonathan Furbush, William A. Blaisdell, George Ganzenmuller, and Charles Reidy. Mr. Mike Cannata,Building Contractor represented the homeowners requesting a Written Finding for reconstruction of an existing garage, and a porch addition. The garage foundation was deteriorating and needed to be rebuilt to current day building code standards. The subject lot size is 18,397 sq. ft. where 80,000 sq. ft. is required. The southwestern corner of the subject property is 12.3 ft. from the side lot line where 15 ft. is required,and the northeastern corner is 14.6 ft. from the side lot line. Additionally the existing deck is built within the 50 ft. buffer to water and wetlands. The applicant does not propose any increases to the existing nonconformities on the subject property. The Board continued this hearing from December requesting that the existing and proposed plans be corrected to depict the structure coverage percentages on the lot referencing the wetland area, and the square feet of the wetland area located within the 50 ft. buffer zone. 1