03/28/2012 ZONING BOARD OF APPEALS Decision

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N T wn qf Mashpee o .' IU Great Ackoacl J4`or112' Washpee,-Massrrchusetts 02049 MASHPEE ZONING BOARD OF APPEALS Decision for a Written Finding Finding-2012-8 Matt DeSutter and Donna Paglia Certificate of Title: 191461 26 Waterway Land Court Lot#: 231 Mashpee, MA 02649 Plan#: 11408-28 (Sheet 5) A Petition was filed on February 22, 2012 by Matt DeSutter and Donna Paglia requesting a Written Finding under Section 174-17 and a Special Permit under Section 174-20 of the Zoning By-laws and as defined under M.G.L. Chapter 40A Section 6 to demolish a pre-existing, non-conforming structure and construct a new single-family dwelling on property located in an R-3 zoning district at 26 Waterway (Map 105 Parcel 205) 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 March 9, and March 16, 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 28, 2012. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Member John M. Dorsey. 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. Attorney Kevin M. Kirrane represented the Petition and stated that the subject property and the existing structure are non-conforming. The oddly-shaped parcel slopes significantly from front to back. It is impacted by wetlands. Plans call for demolition of the existing dwelling and replacement with a new home. The proposed pool will be located on the side abutting a 15-foot reserved open space strip and an unbuildable lot. This will not create a privacy concern and will not adversely impact an abutter. The Board of Health has approved the proposal. The Conservation Commission approved the proposal and issued an Order of Conditions on February 24, 2012. No comments were received from abutters. General Finding: The subject property is located at 26 Waterway and consists of 9,600 square feet of upland with a total of 11,200 square feet of land.