09/11/2013 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS • SEPTEMBER 11, 2013 MINUTES Attorney Robert Mills, representing his client Mary Anne McGonagle, the owner of 104 Pimlico Pond Road. He provided a historical prospective of the lot and general area as support in her application for a variance. The lot is in an R-5 Zoning District and requires 80,000 square feet of upland to be a buildable lot. This lot is 75,300 square feet in full dimension but has 72,700 square feet of upland. The request is for relief of a lot size of 7,300 square feet. The applicant resides at the adjacent lot at 116 Pimlico Pond Road since 1984. In 1998, the McGonagle's purchased the lot 104 Pimlico Pond for retirement purposes. Mr. Mills stated the contiguous lots were held in separate ownership. In 1988 the zoning changed from 60,000 square feet to an 80,000 square foot zoning district. At the time the lot was purchased it was a pre-existing, non -conforming buildable lot. The Building Commissioner at the time did agreed with the analysis the lot is in fact pre-existing, non- conforming and issued a letter pursuant to that. Mrs. McGonagle put aside her concerns regarding the lot being buildable and put the house on the market this past spring. She had interested buyers and wanted to reconfirm the lot was buildable pursuant to the former Building Commissioner's letter, but was told by the Building Department there was a disagreement with the former Commissioner's letter and suggested to submit a petition for the Zoning Board. Mr. Mills stated that his client has suffered a financial hardship since purchasing the lot back in 1998 as well as paying the yearly real estate taxes. As a result, he believes the lot is manageable and is not substantially more detrimental to the neighborhood and that his client be awarded the variance relief. Mr. Blaisdell read an email letter regarding the recurring automobile accidents on Pimlico Pond Road and mentioned the Town should examine the road considering the safety issues in this area. Mr. Bonvie made a motion to issue a variance to Mary Anne McGonagle, Trustee under §174-31 of the Zoning By-laws (Land Space Requirement), and M.G.L. Chapter 40A §10 to vary the square foot requirements on property located in an R-5 Zoning District at 104 Pimlico Pond Road, (Map 3 Parcel 1) Mashpee, MA. The variance is for 7,300 square feet. The hardship is found to be the shape of the lot and issuing the variance the Board determined that it shall not be substantially more detrimental than the existing non -conforming uses or properties in the area and that the development will be an improvement, will conform to current building code requirements, is compatible in size and character to other structures in the neighborhood and has sufficient parking and setbacks as may be required.