03/28/2012 ZONING BOARD OF APPEALS Decision

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u 1G GiTown qf Masi e at A c Pvoarl tldorih Alashpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance V-2012-7 Matt DeSutter and Donna Paglia Certificate of Title: 191461 26 Waterway Land Court Lot#: 231 Mashpee, MA 02649 Plan#: 11408-28 (Sheet 5) Map 105 Parcel 205 A Petition was filed on February 22, 2012 by Matt DeSutter and Donna Paglia requesting a Variance from Sections 174-31, 174-33 and 174-64 of the Zoning By-laws to vary the front setback requirements, side setback requirements and the setback requirements to water and wetlands to construct a new single-family dwelling and pool within a flood plain 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 §10 and the Town of Mashpee Zoning By-laws. Attorney Kevin M. Kirrane represented the Petition and stated that the oddly- shaped parcel slopes significantly from front to back and is impacted by wetlands. Plans call for demolition of the existing dwelling and replacement with a new home. The new structure will conform to current building code. Other improvements include eliminating the existing basement bedrooms and living space that are currently below the flood plain. Two parking spaces will be provided. The proposed pool will be located 3.6 feet from the side setback that abuts a 15-foot reserved open space strip and an unbuildable lot. This location will not create a privacy concern and will not adversely impact an abutter. The Board of Health has approved the proposal. The Conservation Commission issued an Order of Conditions on February 24, 2012. No comments were received from abutters.