12/09/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Robert W. Obrinsky 222 Wheeler Road (Map 49 Parcel 23) Mashpee, MA 02649 V-2015-46 Mr. Kirrane stated the three contiguous undeveloped lots were subject matter of two separate variances on each lot granted by the ZBA in 2006, and when discovered the variances had expired,they requested the same variance relief in 2008 and was granted. All the lots were created by a sub-division dating back to 1965. At the time, the bylaws may have required 7,500 square feet of area and 75 ft. of frontage. Prior to 1988 all these lots which stated that any lot approved by a sub-division and shown on a plan recorded at the Barnstable County Registry of Deeds were grand-fathered. Mr. Furbush read the Conservation Department comments into the record; "222 Wheeler Road lies within wetlands jurisdiction-inland bank and pond front, any development triggers permitting review." Mr. Furbush read the Board of Health comments into the record; "222, 223, 227, and 231 Wheeler Road. The property is not in Zone II, therefore, it is not restricted on number of bedrooms. A denite septic system will be required if 6 or more bedrooms are requested." The Board read a letter dated November 20, 2015 from Owner, Robert Obrinsky giving a family history and is referenced as part of this decision. Mr. Furbush read a memo from the Town Planner dated November 20, 2015; "The 4 proposed lot size and frontage variances are illegal for the same reason cited regarding 110 Wheeler Road." Mr. Furbush read the Inspection Department; "222 Wheeler Road: 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 being short 75 feet of frontage (need 150 feet) and short 65,300 sq. feet of lot size (80,000 required). Mr. Richard Abbott, an abutter located at 218 Wheeler Road, was told that the 222 Wheeler Road lot would remain unbuildable as told by their Realtor when they purchased their house. Mr. Albert Orlando, an abutter located at 240 Wheeler Road, does not want to see a house built on 222 Wheeler Road. Mr. Gary Degon, an abutter located at 239 Wheeler Road, does not want to see a house built on 222 Wheeler Road. GENERAL CRITERIA: The subject property located at 222 Wheeler Road is approximately 14,700 square feet. 2