11/18/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS NOVEMBER 18, 2015 MEETING MINUTES 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, and are paying taxes. 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 Tom 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. Kirrane stated that the Board has the ability to grant variance relief as it has in the past. 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). Mr. Gould mentioned that his prior experience of being on the Conservation Committee in another Town, if whoever objects there is land court as a last resort. Mr. Blaisdell made a motion to approve the application, with the following conditions; 1. The property is in the Pre -contact Archaeology Sensitivity area — listed as "High . Sensitivity". 2. A Conceptual Site Plan for Mark & Gloria Salgueiro, PO Box 1347, Mashpee, MA 02649. Prepared by Cape & Islands Engineering, Summerfield Park, 800 Falmouth Road, Suite 301C, Mashpee, MA, Existing Conditions Plan, 110 Wheeler Road, Mashpee, MA. Sheet No.: 1 of 1, Dated: 9/23/15, DWG File: Wheeler 110, • Scale: As Noted, Approved by: CC, Checked by: MC, Drawn by: WD. 3. The Variance request would be a 50 ft. variance on the front, and a 50,000 variance from the lot size requirements. 3