06/22/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A FINDING OF FACT FoF-2011-26 Owner of record: Peter R. and Carolie D. Owens Petitioner: Todd and Dena Pavone 166 Waterway Certificate of Title#: 187309 Mashpee, MA 02649 Land Court Lot#: 84 Map 111 Parcel 89 Plan#: 11408-23 (Sheet 2) A Petition was filed on May 27, 2011 by Peter R. and Carolie D. Owens for a Finding of Fact under Section 174-17 and Rebuild of destroyed or damaged non- conforming structure under Section 174-20 of the Zoning By-laws and a Finding of Fact under M.G.L. Chapter 40A Section 6 to raze and replace a pre-existing, non-conforming structure on property located in an R-3 zoning district at 166 Waterway (Map 111 Parcel 89) 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 June 3, and June 10, 2011 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 June 22, 2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, 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. Attorney Kevin M. Kirrane and Architect Timothy Luff represented the Petition. The property is under a Purchase and Sale Agreement with Todd and Dena Pavone. Mr. Pavone, the prospective owner, also attended the meeting. The existing dwelling will be replaced with a new 4-bedroom residence along with addition of a pool. The pool will be installed within the coastal bank. The Board of Health has approved plans for installation of a new Title V Septic System,which is a vast improvement over the existing cesspool. Attorney Kirrane said that the property slopes significantly from front to back. He also stated that the coastal bank cuts through a substantial portion of the lot and actually runs through the existing structure. These unique circumstances create hardship for the parcel to be developed without Variance relief from the setback requirements.