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Town of Nashpee <br /> }: y <br /> 16 Great Neck 1Zoad<Norlh <br /> Alaslipee,Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-10-37 <br /> Peter D. Jamieson Assessor's Map 1 Parcel 35 <br /> 4 East Road Registry of Deeds: <br /> Mashpee, MA 04649 Book: 24112 Page: 78 <br /> A Petition was filed on August 24, 2010 by Peter D. Jamieson for a Variance <br /> from Section 174-31 of the Zoning By-laws to vary the front setback requirements to <br /> allow for construction of a two-car garage on property located in an R-5 zoning district at <br /> 4 East Road (Map 1 Parcel 35) Mashpee,MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br /> newspaper of general circulation in the Town of Mashpee, on September 3, and <br /> September 10, 2010, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> September 22, 2010. The following members of the Board were present and acting <br /> throughout: Board Members Robert G. Nelson, William A. Blaisdell, James Reiffarth and <br /> John M. Dorsey, and Associate Board Member Peter R. Hinden. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee <br /> Zoning By-laws. <br /> Designer/Building Contractor Paul Pacella of Post & Beam of Cape Cod, Inc. <br /> represented the Petition. Mr. Jamieson was also in attendance. Mr. Pacella said that the <br /> proposed construction of the two-car garage requires relief from the setback <br /> requirements. The subject property is a corner lot abutting East Road, Pimlico Pond <br /> Road and Park Road, which creates a hardship for the proposal to meet all three 40-foot <br /> setback requirements. Mr. Pacella said that the sloping topography of the subject <br /> property also creates a hardship for location of the proposed construction. There are no <br /> plans to enlarge the existing driveway. <br /> Mr. David L. Cochran, a direct abutter at 11 East Road, sent an email to the ZBA <br /> office in approval of the proposal and was pleased that the old growth trees on the <br /> property will be preserved. <br /> Assistant Health Agent Veronica Warden sent a memo to the Board stipulating <br /> that no habitable space is permitted above the proposed garage. <br />