03/14/2012 ZONING BOARD OF APPEALS Decision

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Town, ofMashpee 10 Great )Nreck.coact 1'�17k� lylashpee,Alassachusttts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Finding-2012-6 John F. and Nonria D. Donnellan Registry of Deeds Title Reference: 59 Pond Circle Book: 13018 Page: 179 Mashpee, MA 02649 Lot#3 Plan Book: 261 Page: 8 Map 64 Parcel 75A A Petition was filed on February 16, 2012 by John F. and Norma D. Donnellan for a Written Finding under Section 174-17 of the Zoning By-laws to allow for construction of an attached, two-car garage to a pre-existing, non-conforming dwelling on property located in an R-5 zoning district at 59 Pond Circle (Map 64 Parcel 75A) 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 February 24, and March 2, 2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on March 14, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie and Associate Member Judith M. Horton. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Mr. Matt Costa of Christopher Costa & Associates represented the Petition. He stated that the 15,900 square-foot parcel was created as part of a subdivision approved by the Planning Board and is similar in size to other parcels in the neighborhood. Changes in the Zoning By-laws create a hardship for the Petitioner to construct the garage and meet the setback requirements. Mr. Costa said that his company was involved in a comparable project on the neighboring lot at 55 Pond Circle in 2006. At that time, the ZBA granted Variance relief to allow for the project. The Conservation Commission approved the proposal and issued a Request for Determination of Applicability on February 10, 2012. The Board of Health approved the proposal with the following conditions: • Lot is restricted to four bedrooms. • Storage only shall be allowed above garage.