10/26/2016 ZONING BOARD OF APPEALS ZBA Decision

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Town, of Ylaslipee . Iii ��-rc�r=�\�ecJ<L�tacl��r•ili ?Ylashi e,NT0"aV1'1uset1-s 02049 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2016-54 Lynn Giacchetto, Trustee of the Lot#: 287 Giacchetto Family Irrevocable Gifting Trust Plan 11408-31 (Sheet 2) 9 Chart Way (Map 106 Parcel 17) Doc. #: 1242852 Mashpee, MA 02649 Ctf. #: 202974 A Petition was filed on September 23,2016 by Lynn Giacchetto,Trustee requesting a Variance under §174-31 of the side, front and rear yard setbacks and lot coverage, and §174-33, setback from wetlands of the Zoning Bylaws to raze and replace a single-family dwelling on property located in an R-3 Zoning District, at 9 Chart Way (Map 106 Parcel 17), 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 Mashpce, on September 30, 2016 and October 7, 2016 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 §10 and the Town of Mashpec Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, October 26, 2016 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William BIaisdell, Board Member, Dom DeBarros, and Associate Member, Brad Pittsley. Also present was Building Commissioner, Michael Mendoza. Attorney, Mark Gildea represented the homeowners for this project, The homeowner was also present. He provided the Board a detailed history of the existing dwelling, including a previously granted Variance for the front setback and lot coverage. He also had a detailed plot plan for the proposed new dwelling. The lot is undersized and is approximately 9,266 sq. ft. (upland). The existing dwelling is one of the original New Seabury properties built back in 1965. Mr. Gildea said that this proposed project is not increasing any nonconformity but rather maintains the setbacks that exists today. He described the proposed dwelling to be approximately within the same footprint as the existing dwelling. The right hand side of the property shows a greater setback of 8.9 ft., proposed, the present setback is 7.7 ft. The front setback remains at 24.5 ft. The side setback to the north remains at 15.5 ft., and the present front setback from the wetlands is 20.3 ft.,and will be going further away from the wetlands to approximately 20.9 ft. 1