09/09/2015 ZONING BOARD OF APPEALS Minutes

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s Town ofMashpee 16 Great dNreck Poad Aordt tMaslepee. Massachusetts 0260 MASHPEE ZONING BOARD OF APPEALS SEPTEMBER 9, 2015 MEETING MINUTES The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, September 9, 2015, at 6:00 p.m. in the Popponesset Meeting Room at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan Furbush, William A. Blaisdell, Ronald Bonvie, Domingo K. DeBarros and Associate Member Scott Goldstein were present. Board Member, Richard Jodka was absent. Jonathan Forbush, Chairman opened the meeting at 6:00 pm and announced that Scott Goldstein will be sitting in for Richard Jodka. CONTINUED HEARINGS 21 Deborah Bottle Road: Owners, Christopher L. and Mary E. Winslow request a Variance under §174-31 of the Zoning By-laws for relief from frontage and lot size requirements to deem lot buildable on property located in an R-5 Zoning District, (Map 71 is Parcel 89-0-R), Mashpee, MA. At the last meeting, the Board requested a continuance so they could discuss the details of the petition with Town Counsel. Mr. Kevin Kirrane representing the applicant returned to hear the Board's determination. He said he didn't have more to add to his presentation and believes the Board is well aware of the circumstances that the lot remains one of the only, if not the only undeveloped lot in the over 100 -lot subdivision. The lot is also one of the five largest with significant topographical features in the development, and believes the Board has the discretion to grant the relief without any substantial detriment to the neighborhood or derogating the intent of the bylaw. Mr. Forbush stated with the answers he received from Town Counsel and the fact that the lot is very large, and larger than others in the area. It's a "pie -shape" lot that slopes toward the pond which he determined is a hardship, and the fact that the applicant is paying taxes, and in his opinion could become a buildable lot. He would like to see the lot setup as a "building envelope", meaning no future variances will be given. Mr. Kirrane believes his client would accept any conditions the Board makes that any future construction on the property comply with existing zoning requirements. Mr. Bonvie and Mr. Blaisdell both agreed with the Chairman's determination, especially given the unusual history of the lot. Mr. Bonvie made a motion to issue a Variance under §174-31 of the Zoning By-laws for relief from the frontage in the amount of 38 feet, and lot size of 48,309 square feet • requirements to deem lot buildable on property located in an R-5 Zoning District, (Map 71 Parcel 89-0-R), Mashpee, MA