10/28/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPLEALS DECISION FOR A VARIANCE Gloria and Mark Salgueiro 110 Wheeler Road (Map 57 Parcel 20) Mashpee, MA 02649 V-2015-39 In 2003, the Salgueiro's applied for variance relief from the Board of Appeals and was granted. The letter also indicated that she had plans to build on this lot, but was unable to at that time for personal reasons. The Salgueiro's have relocated to Florida, and they do not own the house lot that was merged with the vacant lot, so they are seeking variance relief for purposes to be able to build on this vacant lot. The lot itself is 29,600 sq. ft. and has 100+ feet of frontage along Wheeler Road. The R5 Zoning District now requires 80,000 sq. ft. and 150 feet of frontage. Therefore, the applicant is seeking a 50 ft. variance on the front, and a 50,000 variance from the lot size requirements. The lot has been taxed as a buildable lot since the Salgueiro's purchased it in 1997. Mr. Kirrane suggested the Board can grant relief and there is no determent to the Town to allow for construction of a home for this lot, and is consistent with other lots in the neighborhood. Also a house can be constructed without any further relief from the Zoning Board of Appeals. Mr. Furbush read comments from Torn Fudala, Town Planner into the record; "Lot size and frontage are not legally subject to variance by the ZBA per the Mass Supreme Court, an unbuildable non -conforming lot cannot be deemed buildable." Jonathan also summarized another memo from Tom Fudala dated 10/28/2015 regarding 78 Deerfield Road being a legal lot when it was created. But by the time the 2002 variance approval which was overturned by the Land Court, it did not meet the dimensional requirements." Mr. Jodka read the Board of Health comments into the record; "Property not in Zone II. Not restricted to number of bedrooms except if greater than five bedrooms, a denite system is required." Mr. Jodka read the Conservation Comments into the record; "As far as I know, we have not received a permit application for any proposed work on this property. A portion of the property does lie within wetlands jurisdiction." Mr. Jodka read the Inspection Department comments into the record; "The area is zoned R5 and is in the Pre -contact Archaeology Sensitivity area — listed as "High Sensitivity". Seeking a Variance, from Table §174-31, for the being short 50 feet of frontage (need 150 feet) and short 30,400 sq. feet of lot size (80,000 required). GENERAL CRITERIA: feet. The subject property located at 110 Wheeler Road is approximately 29,600 square There were no abutters present. N