12/09/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 9, 2015 MEETING MINUTES • The bylaw was changed in 1988 at which time the Town Planner imposed a condition that if there were two or three adjoining non -conforming lots, those lots could be built upon provided the lots contained 10,000 sq. ft. and 75 ft. of frontage. As a result of the 1988 zoning change, all three of those lots on the easterly side of Wheeler Road, and the lot on the westerly side were protected under the Town's grandfather clause. In May of 1990, the Town Planner changed the grand -father clause and simply included a provision in the bylaw stating that lots were grandfathered as allowed under Chapter 40A Section 6. That grandfather clause effectively removed the grandfather protection because they were contiguously held, and the bylaw relative to acreage had changed a number of times from the 7,500 by the time it got up to 60,000. Any protection was no longer available. The Town continued to tax and access these lots as building lots. A stand-alone undeveloped lot is currently accessed at $242,800, and each of the adjoining lots are $123,650. Since the year 2000, the Obrinsky family has paid a total of $68,378.80 in taxes on these lots. These lots are similar in size and frontage to other lots in the neighborhood and are the few undeveloped lots in the neighborhood. 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. Kirrane said the Board has the discretion to vote however it wishes and if challenged then the decision of the Board can be upheld or denied. But any decision the Board makes should not be considered illegal. 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 §174-3 1, for being short 75 feet of frontage (need 150 feet) and short 65,300 sq. feet of lot size (80,000 required). 223 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 §174-3 1, for the being short 75 feet of frontage (need 150 feet) and short 68,750 sq. feet of lot size (80,000 required). 227 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 the being short 75 feet of frontage (need 150 feet) and short 68,750 sq. feet of lot size (80,000 required). 231 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 the being • short 75 feet of frontage (need 150 feet) and short 68,750 sq. feet of lot size (80,000 required). 5