12/09/2020 ZONING BOARD OF APPEALS Minutes

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Tows, of Mashpee 16 great Aeck oacl<t��orth ¢r4s's�auir.c�� Alashpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2020-55 Gary J.Nagle and Doc.: 1332846 Denise M. Nagle Ct£: 214466 31 Birch Way (Map 27 Parcel 86) Mashpee, MA 02649 A Petition was filed on November 5,2020 by Owners,Gary J. and Denise M.Nagle request a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction and expansion of an existing deck, and second story balcony on property located in an R-5 Zoning District, at 31 Birch Way, Map 27 Parcel 86, 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 November 13, 2020 and November 20, 2020. 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, December 9, 2020 as a remote virtual meeting at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Norman J. Gould. Mr. Steve Cook, Cotuit Bay Design represented the homeowners for their deck reconstruction project. The site plan shows a dashed line towards the North of the existing patio and where the deck will extend 18 ft. The corner of the deck is 11.4 ft. to the property line, and the new deck will be 11.9 ft. which is not getting any closer to the northerly property line than what exists. The deck will be extending over the existing patio, and the steps will be removed. The plan also shows the deck and wooden walkway toward the inland bank of Mashpee Pond. The existing balcony on the northerly side will be extended 10.4 ft. and is not getting any closer to the property line. This project is in the process of being scheduled with the Conservation Commission. Mr. Cook said he spoke to Charlie, Building Inspector regarding the project, and told him the distance of the new deck to the edge of the water is 55 ft. The plan shows a very steep topography, with the elevation of the house at 85.3 ft. The top of the inland bank is elevation 80 ft., and the deck is approximately 4.5 ft. higher. The distance is currently 55 ft. from any wetlands, and will be extending approximately 17 ft. on the existing patio which consists of pavers. 1