04/09/2014 ZONING BOARD OF APPEALS Decision

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Town, of Mashpee �' Y6 G'rectt��,''eck Z�oac1:�1'ar•th :nix, hlashpcv,Massachusetts 0,2649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR SPECIAL PERMIT MODIFICATION (SP-05-49) SP-2014-21 Kenneth Konikowski Certificate of Title: 97585 95 Whippoorwill Circle Doc. #: 1016375 (Map 125 Parcel 152) Plan#: 26502-F Mashpee, MA 02649 A Petition was filed on March 3, 2014 by Kenneth Konikowski requesting a modification under Special Permit SP-05-49 to enclose the exiting second floor deck and to add 111+/-square feet of cantilevered deck outside the enclosed area on property located in an R-3 Zoning District at 95 Whippoorwill Circle(Map 125 Parcel 152), 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 March 21, 2014 and March 28, 2014 a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, April 9, 2014 at which time the following members of the Board of Appeals were present and acting throughout; Chairman,Jonathan Furbush,Vice Chairman,William A. Blaisdell, Board Members, James Reiffarth and Richard Jodka, and Associate Member Scott Goldstein. Building Commissioner, Richard Morgan was also present. 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. Attorney, Kevin Kirrane represented the Petitioner in connection with the modification of the Special Permit (SP-05-49) granted by the Board in 2005. He provided the Board with plans and photographs of the existing structure. As indicated in his written presentation,the lot was actually created back in the 1970's. The building was constructed in the 1980's,and applied 10 years ago for a substantial renovation to the existing structure. The renovation included an expansion of living space as well as the addition of a garage as provided in his photographs. Mr. Kirrane stated a permit is probably not needed by the Board relative to enclosing the deck because it's just a glass enclosure around and overhead, but is required to modify the permit as it relates to the extension of the deck providing outdoor,uncovered space of the second floor. There was discussion back in 2005 relative to how the Board would treat this particular lot because of the significant intrusion of the wetland resource area. 1