11/09/2011 ZONING BOARD OF APPEALS Minutes

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N 1�i Gtvat�rcck koacl r1��uTawn of Nfashpee -th )lashpee,Alassachztsetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Finding-2011-40 James L. Galvin III, Trustee Certificate of Title#: 105558 27 Popponesset Island Road Land Court Lot#: 299 Map 105 Parcel 263 Plan#: 11408-31 (Sheetl) A Petition was filed on October 7, 2011 by James L. Galvin III, Trustee, for a Written Finding under Section 174-17 of the Zoning By-laws to allow for addition of a garage with a loft to a pre-existing, non-conforming dwelling and construction of a swimming pool on property located in an R-3 zoning district at 27 Popponesset Island Road (Map 105 Parcel 263) 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 October 21, and October 28, 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 November 9, 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 Gregory Siroonian represented the Petition. Mr. and Mrs. Galvin also attended the meeting. The pre-existing, non- conforming dwelling is a modest, four-bedroom home situated on a non-conforming lot bounded on three sides by public ways. The proposed 24x25-foot garage addition will be located approximately 16 feet from Popponesset Island Road. The proposed pool will be located approximately 19 feet from Compass Circle. Proposed lot coverage will be 19.8%. The unusual, triangular-shaped property is surrounded by streets on three sides. These unique circumstances create a hardship for the Petitioner to comply with the front setback requirements and limit the available space for development on the property. Attorney Kirrane submitted photos showing the abutting house and deck next door are situated closer to Popponesset Island Road than the Petitioners' dwelling. The Board of Health has approved the proposal. No comments were received from abutters.