04/14/2021 ZONING BOARD OF APPEALS Minutes

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11>•h 4' it; Oral Air(; loud,Ain•t1i > t !�lussarhuu,tt., �6�4.)(T MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 14, 2021 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, April 14, 2021, at 6:00 p.m, in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North.Chairman,Jonathan D. Furbush, Board Members William A. Blaisdell, Ron Bonvie, Scott Goldstein, Norman J. Gould, Associate Members, Sharon Sangeleer, George Ganzenmuller, James Reiffarth, and Charlie Reidy were present. Building Commissioner, David Morris was also present. Chairman Furbush opened the meeting at 6:00 pm and announced that the hearings were being televised live on Mashpee TV as a virtual/remote meeting. He will take comments after each hearing. 15 Herring Gull Road: Owner,SOuthwOrth Mashpee Properties, LLC requests a Variance under §174-31 (Land Space Requirements) of the Zoning Bylaws to reduce the minimum lot area from 40,000 sq. ft. to 32,181 sq. ft., on property located in an R-3 Zoning District, Map 76 Parcel 125, Mashpee, MA. Attorney Jack McElhinney, represented the petition request. He said that the lot is a vacant parcel located in the Shoestring Bay neighborhood of Willowbend. The lot contains 32,181 sq. ft. and Mashpee Zoning requires 40,000 sq, ft. The variance request is for 7,819 ft. The proposed lot coverage will be under 10%. Attorney McElhinney provided the Board with a history of the Willowbend subdivision. The lot was granted a variance twice in the past. Once in 1999 at the time Willowbend acquired the Shoestring Bay subdivision, and again in 2005. There were forty lots, and all forty lots were grandfathered under the 20,000 sq. ft. zoning, but Willowbend wanted assurance that all the lots would retain their buildability beyond the six years provided under the subdivision plan. The ZBA approved variances for 35 out of 38 lots,and two lots were added after the new access road was installed. The variances were extended for two years. Chairman Furbush mentioned he was a fairly new member on the Board when this lot was issued a variance. He read a paragraph from Chapter 40A Section 10 regarding the Board's authority to grant variance requests, and lot size is not included in that definition. Mr. Furbush mentioned there were two petition requests asking for the same relief, and the Board said one applicant withdrew, and the other applicant filed an appeal to land court. 1