8/22/2018 ZONING BOARD OF APPEALS ZBA Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS WITHDRAWAL DECISION OF A VARIANCE Paul F. Torrey 23 Treasure Lane (Map 96 Parcel 10 1) Mashpee, MA 02649 V-2018-39 Mr. Kirrane said based on a conversation with the Building Commissioner regarding a bylaw change that would place the authority within his prevue to grant a permit simply dealing with the lot size deficiency or frontage deficiency,and the structure actually conforms to all requirements of the zoning bylaw. This project is well within the required 20% lot coverage. The reason discussing replacement of this building is because it was built in the 1960's and sits on concrete blocks. There would be a significant additional expense to lift the building and construct a new foundation. Mr. Kirrane said that he considers this a significant hardship. There's a new septic system proposed in conjunction with this application replacing a cesspool that-exists on site. The new foundation will be built and will comply with present day building code requirements. He said some people interpret that if you remove an existing structure you lose all protections, and that this is no longer a buildable lot,so trying to protect the applicant in this particular case to get the appropriate variance relief from the lot size and frontage. The Board discussed the details of the project and could not determine a hardship based on the specific variance criteria relating to shape,topography, or soil conditions. Mr.Kirrane decided to withdraw the application and will discuss future possibilities with his clients. 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,August 22,2018,the Zoning Board of Appeals voted to accept the withdrawal of the variance petition without prejudice for Paul F. Torrey, 23 Treasure Lane, (Map 96 Parcel 101), Mashpee, MA. 2