11/12/2014 ZONING BOARD OF APPEALS Minutes

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Tbion oj'1)1ashpee 16 Great JN'1 k goad J%rth Waslihec,Mossachusctts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR SPECIAL PERMIT MODIFICATION (SP-05-49) P-aol�-53 Kenneth Konikowski Doc No(s): 1016375 & 1245672 95 Whippoorwill Circle Certificate of Title#: 97585 (Map 125 Parcel 152) Land Court Plan#: 26502F Mashpee,MA 02649 A Petition was filed on October 17, 2014 by Kenneth Konikowski requesting a modification to the Special Permit (SP-05-49) to extend the second floor deck adding square footage to the structure 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 October 24, 2014 and October 31, 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, November 12, 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 Reiffai-th and Richard Jodka, and Associate Members Dom DeBarros and Scott Goldstein. Also present was Building Commissioner, Michael Mendoza. 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 requesting a minor modification to the special permit to add approximately 60 square feet to their second floor deck. On April 17, 2014, the Board granted a special permit (SP-2014-21) for the end of the deck and returned to the Board because they wanted to extend the deck an additional 2 feet for a length of approximately thirty (30') feet. The proposed addition to the deck will be cantilevered and does not increase the non-conforming side or front yard setbacks. Back in 2005, the Board granted the original special permit (SP-05-49) for the original structure, and at the time the parcel was situated on 18,950 square feet. The Board indicated they would consider the lot area based upon the distance from the mean high water mark which left the parcel at 16,118 square feet. This is a pre-existing non- conformity surrounded by marsh land; there is no adverse impact on the wetland resource areas and was approved by Conservation. Attorney Kirrane stated the structure has not been built yet pending Board approval for the new modification. 1