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MASHPEE ZONING BOARD OF APPLEALS <br /> Mary Anne McGonagle, Trustee <br /> 104 Pimlico Pond Road (Map 3 Parcel 1) <br /> Mashpee, MA 02649 <br /> V-2013-30 <br /> The McGonagle's reside at 116 Pimlico Pond Road. In the spring of 1998, the <br /> McGonagle's purchased the adjacent lot at 104 Pimlico Pond to supplement their <br /> retirement. After several months, Mrs. McGonagle decided to sell the lot due to the death <br /> of her husband and the burden of paying real estate taxes. <br /> Mr. Mills stated in 2010 examined the titles of the McGonagle's home at 116 <br /> Pimlico Pond Road, the adjacent lots 104 Pimlico Pond Road and 96 Pimlico Pond Road. <br /> At the time, the McGonagle's purchased the lot at 104 Pimlico Pond Road, it was owned <br /> by Andrew J. Lipnosky and considered a pre-existing,non-conforming buildable lot.These <br /> three contiguous lots were owned separately and not in common ownership. In 1988, the <br /> zoning changed from 60,000 square feet in an R-5 Zoning District to an 80,000 square foot <br /> zoning district. The lot is 75,300 square feet, has 72,700 square feet of upland, but under <br /> the current By-laws require 80,000 square feet to be buildable. The request for relief is for <br /> 7,300 square feet. <br /> Mr. Mills stated in 2010 he issued a letter to the former Building Commissioner <br /> with this historical information. The Building Commissioner agreed with the analysis and <br /> issued a letter agreeing the lot at 104 Pimlico Pond Road is in fact pre-existing, non- <br /> conforming. Mrs. McGonagle was satisfied with this letter of confirmation and put aside <br /> her concerns about the lot being buildable. <br /> This past spring,Mrs. McGonagle decided to sell the lot. She had interested buyers <br /> and wanted to reconfirm with the Building Department the lot was buildable. She was told <br /> there was a disagreement with the former Building Commissioner's letter and suggested to <br /> submit a petition to the Zoning Board of Appeals. <br /> Mr. Mills stated his client has suffered a financial hardship since purchasing the lot <br /> back in 1998 and respectfully requests the variance relief be granted. <br /> Mr. Blaisdell read a letter from an abutter that resides at 96 Pimlico Pond Road in <br /> agreement with the petition for a variance. <br /> General Finding: <br /> The subject property located at 104 Pimlico Pond Road is approximately 75,300 <br /> square feet. <br /> 2 <br />