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Town of Mashpee <br /> h�✓....\'attr <br /> y b <br /> 16 Great Xeck.load Arorth <br /> Q4V,yAnts....,M' Mash1jee,Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION: DENIAL OF AN APPEAL OF <br /> THE BUILDING OFFICIAL'S DECISION <br /> AP-2021-20 <br /> Petitioner, Jonathan M. Polloni, Esquire Doc.: 170030 <br /> Malcolm E. MacDonald, Trustee of No.: 57534 <br /> The MacDonald Land Trust <br /> 11 Valley Road (Map 50 Parcel 13) <br /> Mashpee, MA 02649 <br /> A Petition was filed on February 2, 2021 by Petitioner, Jonathan M. Polloni, Esquire, <br /> requesting an Appeal of the Building Official's Decision under M.G.L. Chapter 40A §§8 <br /> and 15 and §174-21 of the Zoning Bylaws to deem the lot buildable on property located in <br /> an R-5 Zoning District, Map 50 Parcel 13, Mashpee, MA. (Owner of Record: Malcolm E. <br /> MacDonald, Trustee of the MacDonald Land Trust.) <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on February 5, 2021 and February 12, 2021. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §§8 and 15 and §174-21 of the Town of <br /> Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> February 24, 2021 at which time the following members of the Board of Appeals were <br /> present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William <br /> Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Norman J. Gould. <br /> Attorney Jonathan Polloni represented the appeal. Also present was the owner of the two <br /> properties, Malcom MacDonald. Mr. Polloni mentioned that he did not supply a site plan, <br /> but he did submit the recorded subdivision plan that shows the individual lots. He pointed <br /> out the two lots that have the same lot area and frontage, with only 11,250 sq. ft., and 75 <br /> ft. of frontage. The current zoning requirement is 80,000 sq. ft., and 150 ft. of frontage. <br /> The plan depicted that the lots are directly adjacent to the Otis Trailer Park and were owned <br /> by the MacDonald Land Trust until 2018. He said he is seeking the Board's permission to <br /> build on these two lots. <br /> Attorney Polloni said that the issue is to determine if the three lots were held in common <br /> ownership under Chapter 40A Section 6, and the Zoning Bylaw which is grandfathering <br /> protection, but also if they were held in common ownership with the adjoining land. <br /> 1 <br />