1/10/2018 ZONING BOARD OF APPEALS ZBA Decision

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r MASHPEE ZONING BOARD of APPEALS MEETING MINUTES JANUARY 10,2018 Mr. DeBarros requested to recuse himself from the next hearing. 6 Kanter Lane: Owner, Martha J. Kanter requests a Modification under §174-74 of the onins4 Byl ams to extend a pre-existing non-conforming setback by.I" and increase the footprint of the home by adding a 4� 10' covered front stoop, and extending a room in the back of the house by 4' x 12' with ars attached ' x 12' check on property located in an R-3 .honing District, Map 119 parcel I B, Mashpee, MA. Chairman Furbush addressed the applicant and let him know that he was entitled to a continuance because there were only four members to hear his case. All four Board members would have to vote positive in order for the petition to pass, Attorney Brian Garner chose to move forard with the application. He provided the Board with his written narrative and mentioned that the property was granted a Variance back in 1995 which allowed for the elevated second story that is depleted on the 3-D house plan. The space will be enclosed under the elevated second stony r ooln, and an attached deck. The Variance was granted initially for Ahe front yard setback, which 1n 1995 would have been 30 ft. and so the Board had granted a Variance to allow the existing front setback to decrease to 12.2 ft. This proposed alteration to the existing structure will further encroach on the front yard setback by a tenth of a foot. Since this will take up additional footprint, he thought it would be appropriate to apply to the Board, and seek relief and considers this de minx Amis. The application was submitted under Section 174-74 because when the original Variance was granted it would have taken this out of the purview of being pre-existing non-- conforming under Section 174-17. However, the Board may be aware that Section 7 Chapter 40A was amended back in 2016, ii�hich provides i�f the conditions of a variance resulting in the erection or alteration Qf a structure in existence for a peered of at least 10 years Lithout an action, suit or proceeding as to an alleged v 4olatioll a 110s the structure to be deen7ed for zoning purposes, to be legally non-conform i g structures subject to section 6 and any local ordinance or by-law relation to non-confornfing structures. The Mashpee Zoning Bylaws have not been amended to reflect this change. Attorney Garner said the project consists of creating a front door, and little stoop and 4" 10 ft, porch. The rear will be enclosed, and added a set. of sliders and skylights. The proposed deck will wrap around the existing deck. This is a minor alteration and will provide more function for the owner hairrnan Furbush read the Conservation Comments,Inspection Department and the Board of Health comments into the record. Sharon read the abutter letters into the record. 7