12/09/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 9, 2015 MEETING MINUTES • Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. Jodka, yes, and Mr. Goldstein, yes. All were in favor and determined the new single-family dwelling will become conforming than what exists today. 222 Wheeler Road: Owner, Robert W. Obrinsky requests a Variance under §174-28 and §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, (Map 49 Parcel 23), Mashpee, MA. 223 Wheeler Road: Owners, Robert W. Obrinsky, Luisa A. Simone, Rebecca A. Obrinsky & Jessica L. Obrinsky request a Variance under §174-28 and §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, (Map 49 Parcel 35), Mashpee, MA. 227 Wheeler Road: Owners, M. Donald Whorton & Diana L. Obrinsky, Trustees of the Whorton-Obrinsky Trust, request a Variance under §174-28 and §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, (Map 49 Parcel 34), Mashpee, MA. 231 Wheeler Road: Owners, M. Donald Whorton & Diana L. Obrinsky, Trustees- Whorton-Obrinsky Trust, Matthew R. Whorton and Julie H. Whorton request a Variance under §174-28 and §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, (Map 49 Parcel 33), Mashpee, MA. Mr. Kevin Kirrane represented the applicants for the Variance requests. He provided the Board with a narrative of the petitions, and photographs that show these are largely wooded lots. One is on the pond, and the other three are across the street. There are four non- conforming lots, three are on the easterly side of Wheeler Road, and are adjacent to another and all are owned by various members of the Obrinsky family. There is also one lot on the westerly side of Wheeler Road, and is adjacent to a developed lot that was also owned by the Obrinsky family. The three contiguous lots consist of 11,250 square feet and have 75 ft. of frontage. The stand-alone lot has 14,700 sq. feet and 75 ft. of frontage on Wheeler Road. The Board is aware that all these lots are situated in the R-5 Zoning District and as a result had a number of changes to the bylaws during the late 80's and early 90's, which currently requires 80,000 sq. ft. and 150 ft. of frontage in order to be a buildable lot. 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 were grand -fathered, which stated that any lot that was approved by a sub -division and shown on a plan that was recorded at the Barnstable County Registry of Deeds, the lot was grandfathered. 4