10/28/2015 ZONING BOARD OF APPEALS Decision

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�y(NIiY Town. of Alasepee 16 Greal tAfl ,ck .koad <A'1 rth MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2015-39 Gloria Salgueiro and Book #: 12579 Mark Salgueiro Page #: 5, 6 110 Wheeler Road (Map 57 Parcel 20-0) Mashpee, MA 02649 A Petition was filed on September 28, 2015 by Gloria and Mark Salgueiro, requesting a Variance under § 174-31 of the Zoning By-laws for relief from lot size and frontage requirements to deem lot buildable on property located in an R-5 Zoning District, at 110 Wheeler Road, (Map 57 Parcel 20), 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 October 9, 2015 and October 16, 2015 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. This hearing was originally scheduled for October 28, 2015 but was continued to November 18, 2015 because there was no quorum. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, November 18, 2015 at which time the following members of the Board of Appeals were present and acting on this hearing; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Richard Jodka, Dom DeBarros, and Associate Member, Scott Goldstein. Mr. Kevin Kirrane, Attorney represented the owners of the vacant lot. He provided the Board with a plot plan, a narrative that included a letter from the homeowner, and a 2003 recorded variance decision. This lot was deemed to have been merged with the house lot on the adjacent property. In 1996, the Salgueiro's predecessor had title and applied for variance relief to build on this lot. As indicated in Mrs. Salgueiro's letter, she assumed that the lot would be considered a distinct buildable lot, and had no immediate plans to build. When she decided it was time to build she found out the Town had considered the lot merged with the house on the adjacent lot.