07/24/2024 ZONING BOARD OF APPEALS Decision

Home Browse Search

Town of Mashpee , 16 Great Neck Road North 4 Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2024-37 Owner, Karen Ann Ciejek, Trustee of Doc.: 1402534 the Asti Revocable Trust Ctf.: 223270 73 Whippoorwill Circle Map 125,Parcel 156 Mashpee, MA 02649 A Petition was filed on July 2, 2024 by Owner, Karen Ann Ciejek, Trustee of the Asti Revocable Trust requesting a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for construction of an attached garage to a pre-existing, nonconforming structure on property located in an R3 Zoning District, at 73 Whippoorwill Circle, Map 125, Parcel 156, 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 July 5, 2024 and July 12, 2024 a copy of which is attached hereto and made a part hereof. 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,July 24,2024 at which time the following members of the Board of Appeals were present and acting throughout; Chairman,Ronald Bonvie,Board Members, Sharon Sangeleer,Jonathan Furbush, Scott Goldstein and Associate Member, Charles Reidy. Also present was David Morris, Building Commissioner. Attorney Christopher Kirrane represented the applicant for 73 Whippoorwill Circle. The applicant is seeking a Written Finding under §174-17 and §174-33 to construct a 565 sq. ft. garage on the westerly side of the property. This property is located wholly in the flood zone. For zoning purposes, the lot has zero sq. ft. of area which is a nonconforming condition, and 100% lot coverage. There are three other existing non-conformities, the setback to wetlands, the setback from the street at 29.7 ft., and 11.3 ft. on the westerly side of the house which is also a nonconforming condition. The garage will conform to the rear yard setback, the side yard setback, and front yard setback. It will be 17.7 ft. from the westerly side line, over 42 ft. from the rear side, and 49 ft. off of Whippoorwill Circle all which is conforming. The percentage of the total lot area shown on the plan is 16.74%. The addition of the garage will increase to 19.89% which is under the 20% maximum requirement in the R-3 Zoning District. 1