09/11/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Petitioner, David J. Rivera (Owner of Record: Kristen E. Ferguson) 79 Cayuga Avenue (Map 58 Parcel 12) Mashpee, MA 02649 V-2019-48 Sharon read the Board of Health comments into the record. Sharon read the conditions issued by the Board under V-2016-38. Mr. Wessel commented that there is no study; it's a four bedroom house. Mr. Bonvie said that the Board of Health can confirm that prior to the application of a building permit. Mr. Wessel said that the driveway is existing. Kristen Ferguson approached the Board and explained that the original driveway hasn't changed. She explained that there is a dirt section on the other side of the house. Mr. Bonvie noted that he could motion that the applicant reach out to the DPW and obtain in writing whether a curb cut is needed or not, and should be the same condition as the originally submitted Variance back in 2016. A resident approached the Board asking if the neighbor gave permission for this Variance. The Board said that they would be notified of this petition. Ms. Ferguson said she spoke to both her neighbors on each side of her house, and they do not have any issues. Chairman Furbush said that the project needs to start soon. Mr. Wessel said that the house is vacant and it is ready to go. There were no more comments from the Board or audience. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, September 11, 2019, the Zoning Board of Appeals voted unanimously to issue a Variance to David J. Rivera of 79 Cayuga Avenue under§174-31 for the front and side yard setbacks to allow for construction of a garage and porch on property located in an R-3 Zoning District, Map 58 Parcel 12, Mashpee MA. (Issued Variance V-2016-38 expired), (Owner of Record: Kristen E. Ferguson)with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2. Certified Plot Plan: Owner of Record: Kristen E. Ferguson, 79 Cayuga Ave., Mashpee, MA, Applicant: Kristen E. Ferguson, 79 Cayuga Ave., Mashpee, MA, Project: Certified Plot Plan, 79 Cayuga Ave, Mashpee, MA., Sheet No.: 1 of 1, Dated: 7/6/16, DWG File: Cayuga_79, Scale: As noted (1" = 20'), Approved by: MC, Checked by: MC, Drawn by: WD, Prepared by: Cape & Island Engineering, Summerfield Park, 800 Falmouth Rd., Suite 301C, Mashpee, MA 02649, Revision 1:, dated 7/28/16, Added Proposed Addition to Plan, by WD, Approved: MC. Revision 2: Date: 9/19/16 Reduced Garage Dimension from 16 ft. to 14 ft. Signed by Matthew C. Costa, P.L.S. dated 7/28/16. 2