02/14/2024 ZONING BOARD OF APPEALS Minutes (2)

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Town of Mashpee a 16 Great Neck Road North `µ Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2024-07 Owners, Patricia A. Marks and Bk.: 36053 Andrew G. Marks Pg.: 316 57 Duck Blind Road Map 57, Parcel 49 Mashpee, MA 02649 A Petition was filed on January 25, 2024 by Owners, Patricia A. Marks and Andrew G. Marks request a Written Finding under §174-17 of the Zoning Bylaws to allow for construction of a 67 sq. ft. addition, and a 62 sq. ft. addition to a pre-existing, nonconforming single-family dwelling on property located in an R-5 Zoning District,at 57 Duck Blind Road,Map 57 Parcel 49,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 January 19, 2024 and January 26, 2024 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,February 14, 2024, at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ronald Bonvie, Board Members, Sharon Sangeleer, William A. Blaisdell, Jonathan Furbush, and Scott Goldstein. Attorney Kirrane represented Patricia and Andrew Marks who are requesting two modest additions to their existing dwelling. The property lot size consists of 71,000 sq. ft., and is nonconforming, where 80,000 sq. ft. is required in the R-5 Zoning District. The existing structure has two non- conformities as it fails to meet the northeasterly side yard setback. The existing dwelling is 5 ft. 2' from the side yard setback where 15 ft. is required, and is 40 ft. from the inland bank and is within the 50 ft. setback from the wetlands. The proposal consists of a 62 sq. ft. addition to the front of the house that will conform to all setback requirements. The 67 sq. ft.addition will be 10.2 ft. from the property line,and will remain non-conforming with the existing structure, but will not be any closer than what currently exists at 5.2 ft.There is an existing paver patio area,and the addition will not intensify this already disturbed section of the dwelling. The proposed lot coverage is 1.8%and is well under the 20%requirement. t