08/23/2023 ZONING BOARD OF APPEALS Minutes (2)

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Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2023-47 Owner, Briggs Family Wealth Trust Bk.: 30778 Peter L. Briggs and Patricia A. Briggs, Trustees Pg.: 146 35 James Circle Map 71 Parcel 46 Mashpee,MA 02649 A Petition was filed on June 29, 2023 by Owners, Briggs Family Wealth Trust, Peter L. and Patricia A. Briggs, Trustees request a Variance under §174-31 (Land Space Requirements) of the Zoning Bylaws to allow for construction of an attached garage and vary the side yard setback, and lot coverage on property located in an R-5 Zoning District, 35 James Circle, Map 71 Parcel 46 (Johns Pond Estates), 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 August 4,2023 and August 11,2023 a copy of which is attached hereto and made a part hereof. 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. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, August 23, 2023 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ron Bonvie, Jonathan Furbush, William Blaisdell, Scott Goldstein, and Associate Member, Charles Reidy. Attorney Kirrane represented the homeowners request to construct a garage. Also present was Raul Lizardi-Rivera with Cape&Islands Engineering.Attorney Kirrane stated for the record that the Variance request for lot coverage that was noted on the application is not needed because the increase is still under the 20%requirement.The only Variance request is for the side yard setback in the amount of 5.6 ft. from the 15 ft. setback for a proposed garage addition located on John's Pond. There is a severe slope that consists of a 20 ft.drop in the rear of the property could be considered a true hardship. As mentioned in Attorney Kirrane's written presentation, it would be difficult to construct a garage in the rear of the dwelling that would require large amounts of fill, and could cause further intrusion into the wetland resource area. The proposed location of the garage is currently a drive way and would be sufficient space. 1