05/13/2009 ZONING BOARD OF APPEALS Minutes

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v. e 81 ;ram` lown of Maslipec 16 Great Neck 1&oa(l M)t-di MASHPEE ZONING BOARD OF APPEAL, �j shpee, Massachusetts 02649 Decision for a Special Permit "Findings of Fact" RE: Laurence and Laurie Gerber 30 Ockway Bay Road Map 100 Parcel 54 SP-08-20 A Petition was filed on April 14, 2009 for a Special Permit/Findings of Fact under Section 174-17 of the Zoning By-laws for permission to alter a pre-existing, non- conforming dwelling on property located in an R-3 zoning district at 30 Ockway Bay Road (Map 100 Parcel 54) 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 14, 2008 and r November 21, 2008, a copy of which is attached hereto and made a part hereof. A Public Hearing was heard on Wednesday, May 13, 2009 on the Petition at the Mashpee Town Hall, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Jonathan Furbush, James Reiffailh, William Blaisdell and John Dorsey. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. Attorney Kevin Kirrane represents the applicant at this hearing. They have applied for a Special Permit/Findings of Fact in order to modify a pre-existing non- conforming structure. The existing four bedroom dwelling presently contains 3,215 square feet. The lot is significantly impacted by Wetland Resource Areas, which border the lot on three sides. The current lot coverage is 10% of the upland area. Applicant is proposing to add 2,200 square feet of living space on two floors. The dwelling fails to meet the 50 foot setback from the wetland areas. The by-law permit alterations and