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~Toy a 1Ylash, ee <br /> s <br /> 16 Grftll Aec*Y; ad„,Vbrlh <br /> �'�nut4a°"� 1 CashjJCC', ossachusetts 02649. <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2019-48 <br /> Petitioner, David J. Rivera Doc.: 1001075 <br /> (Owner of Record: Kristen E. Ferguson) Ct£: 176644 <br /> 79 Cayuga Avenue <br /> (Map 58 Parcel 12) <br /> Mashpee, MA 02649 <br /> A Petition was filed on August 12, 2019 by Petitioner, David J. Rivera requesting a <br /> Variance under §174-31 from the front and side yard setbacks, and lot coverage <br /> requirements to allow for construction of a garage and porch on property located in an R- <br /> 3 Zoning District,at 79 Cayuga Avenue,Map 58 Parcel 12,Mashpee MA. (Issued Variance <br /> V-2016-38 expired), (Owner of Record: Kristen E. Ferguson). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on August 16, 2019 and August 23, 2019 a copy of <br /> which is attached hereto 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 §10 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> September 11, 2019 at which time the following members of the Board of Appeals were <br /> present and acting throughout; Chairman,Jonathan Furbush,Board Members,Ron Bonvie, <br /> Scott Goldstein, and Associate Members, Sharon Sangeleer and James Reiffarth. Also <br /> present was Building Inspector, Charlie Maintanis. <br /> Mr. Dana Wessel, with Northside Construction represented the applicant, and Kristen <br /> Ferguson who was also present. The reason this petition is back in front of the Board is <br /> because the original issued Variance expired. He said there are no changes to the original, <br /> and he's asking that the Board to re-approve the Variance that was issued in 2016. <br /> Mr. Wessel asked if the Board could waive the 21-day appeal period. The Board <br /> determined they could not legally accept that request. Mr. Wessel said that the relief is <br /> from the front and side setbacks. He said the original application had a larger garage;there <br /> were two hearings and the Board requested that the garage be downsized from 18 ft. to 14 <br /> ft. which brought the lot coverage under control. Therefore, no relief from lot coverage is <br /> required. Mr. Wessel said the relief requested is 5.2 ft. from the side yard, and 9.7 ft. from <br /> the front yard setback. <br /> 1 <br />