6/14/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE LaCava Family II, LLC 29 Payamps Road (Map 59 Parcel 11) Mashpee, MA 02649 V-2017-29 Mr. Kirrane said his client approached hien asking about the three lots that remain. The plan he provided depicted the three remaining lots on the sub-division plan and were highlighted and also the specific lot he is seeking variance relief: He suggested that his client combine two of the lots thereby creating a conforming lot in excess of 80,000 sq. ft. which leaves one,non-conforming lot on the plan and on the street. He is asking the Board for approval to combine the two lots, and will have one fully conforming lot under the R- 5 Zoning criteria. This will leave one parcel that is in excess of an acre, and cannot be combined with any other non-conforming land on either side because the other lots have been built on and once these two lots are combined the lot next door will become a conforming lot. Chairman Furbush read Town Planner, Tom Fudala comments into the record that basically stated that the Board of Appeals has no authority to grant a variance. Mr. Kirrane said he is aware of the bylaw and that this law existed in 2004 when. the Board granted the appropriate relief that he requested. He also stated that these lots cannot be divided into two conforming lots because the total acreage of these lots 120,000 sq. ft. and cannot be split into two 80,000 sq. ft, lots, and an acre lot would be 86,000 sq. ft. not 80,000 sq. ft. Mr. Kirrane does not dispute the letter but has watched the Board grant variance relief in the past where the circumstances of the law was not particularly met. He said he fully understands the Town Planner's position and concerns. He said that in his opinion the Board has the ability to grant the requested relief. . The Board had a conversation about a previous vacant lot that was granted relief in Willowbend. They also mentioned the lots on Wheeler Road which were much smaller lots. Attorney Kirrane said that particular lot in Willowbend had the protection because it was in separate ownership. The lots in question on Payamps Road were never sold. A resident at 8 Blair Circle in Mashpee approached the Board and said he wanted to purchase the lot to build a single-family home. Mr. Furbush read the Board of Health, Conservation and Inspection Department comments into the record. In view of the foregoing, the Board determined the Petitioner did not meet the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, June 14, 2017, the Zoning Board of Appeals voted three in favor and two against. The Variance did not pass because you need four positive votes for the Petition to pass. 2