04/28/2010 ZONING BOARD OF APPEALS Minutes

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`Vows of Mashpee N 10 Great Jd ck J oad North Allis hlashpee, Aassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-10-14 David and Trea Alves Document Number: 45309 52 Lowell Road Plan Number: 167 Page 105 Mashpee, MA 02649 Lot Number: 18 Assessor's Map 52 Parcel 36 Book: 22232 Page: 136 A Petition was filed on March 30, 2010 by David and Trea Alves for a Variance from Section 174-17 of the Zoning By-laws to vary the setback requirements from the southerly lot line to allow for construction of a deck on property located in an R-5 zoning district at 52 Lowell Road(Map 52 Parcel 36)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 April 9, and April 16, 2010, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee.Town Hall on April 28, 2010. The following members of the Board were present and acting throughout: Robert G. Nelson, Jonathan Furbush, James Reiffarth, John M. Dorsey and Peter Hinden. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Mr. and Mrs. Alves represented their Petition and said that they would like to add a 12'xl6' deck to their home. Mr. Nelson said that he had visited the subject property and confirmed that it is an irregular shape, which restricts location of the proposed addition. Even with the addition, lot coverage will remain well below the maximum allowable 20% lot coverage. The proposal has received approval from the Board of Health and the Conservation Commission. No comments were received from abutters. 1