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12/09/2015 ZONING BOARD OF APPEALS Decision
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12/09/2015 ZONING BOARD OF APPEALS Decision
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4/3/2023 3:48:04 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
12/09/2015
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> (Owners) Robert W. Obrinsky, Luisa A. Simone, <br /> Rebecca A. Obrinsky, and Jessica L. Obrinsky <br /> 223 Wheeler Road (Map 49 Parcel 35) <br /> Mashpee, MA 02649 <br /> V-2015-47 <br /> Mr. Kirrane stated the three contiguous undeveloped lots were subject matter of two <br /> separate variances on each lot granted by the ZBA in 2006, and when discovered the <br /> variances had expired,they requested the same variance relief in 2008 and was granted. All <br /> the lots were created by a sub-division dating back to 1965. At the time, the bylaws may <br /> have required 7,500 square feet of area and 75 ft. of frontage. Prior to 1988 all these lots <br /> which stated that any lot approved by a sub-division and shown on a plan recorded at the <br /> Barnstable County Registry of Deeds were grand-fathered. <br /> Mr. Furbush read the Conservation Department comments into the record; "223 <br /> Wheeler Road is not in wetlands jurisdiction." <br /> Mr. Furbush read the Board of Health comments into the record; "222, 223, 227, <br /> and 231 Wheeler Road. The property is not in Zone II, therefore, it is not restricted on <br /> number of bedrooms. A denite septic system will be required if 6 or more bedrooms are <br /> requested." <br /> The Board read a letter dated November 20, 2015 from Owner, Robert Obrinsky <br /> giving a family history and is referenced as part of this decision. <br /> Mr. Furbush read a memo from the Town Planner dated November 20, 2015; "The <br /> 4 proposed lot size and frontage variances are illegal for the same reason cited regarding <br /> 110 Wheeler Road." <br /> Mr. Furbush read the Inspection Department; "The area is zoned R5 and is in the <br /> Pre-contact Archaeology Sensitivity area — listed as "High Sensitivity". Seeking a <br /> Variance, from Table §174-31, for the being short 75 feet of frontage (need 150 feet) and <br /> short 68,750 sq. feet of lot size(80,000 required)." <br /> Mr. Albert Orlando, an abutter located at 240 Wheeler Road, does not want to see a <br /> house built on 222 Wheeler Road. He does not have an issue with the adjacent lots. <br /> . Mr. Gary Degon, an abutter located at 239 Wheeler Road, does not want to see a <br /> house built on 222 Wheeler Road. He does not have an issue with the adjacent lots. <br /> GENERAL CRITERIA: <br /> The subject property located at 223 Wheeler Road is approximately 11,250 square <br /> feet. <br /> a <br /> 2 <br />
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