12/10/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE SBK Realty Trust 36 Fells Circle (Map 122 Parcel 219) Mashpee, MA 02649 V-2014-58 1. Barnstable County Registry of Deeds Plan of Lot and Subdivision Plan of Fells Circle. 2, New Seabury Special Permit Plan. (Approved by the Planning Board) 3. Aerial Sketch Plan showing 36 Fells Circle and surrounding properties. 4. Chart of lot size and lot frontage of 36 Fells Circle and surround properties. 5. Assessor Records relative to 36 Fells Circle, together with Municipal Lien Certificate. 6. Chart showing taxes paid on 36 Fells Circle (taxed as buildable lot). Mr. Gildea stated the frontage was incorrectly listed at 100 feet on the application, it is 146.63 feet. The required lot frontage is 150 feet and the requested variance is less than half a foot. To the North of the 36 Fells Circle is vacant land and was formerly owned by the Cotuit Cranberry Company and is presently subject to Conservation restrictions and cannot be developed. The lot size of 36 Fells Circle is consistent with the surrounding neighborhood and is clearly intended buildable and can be developed. The plot plan depicted a proposed dwelling. The Board stated that Conservation approval is required because of the subject dwelling location and would require the applicant to return to the Zoning Board of Appeals for final approval. Mr. Mendoza addressed the Board and stated the only relief the applicant is requesting is frontage and lot size. The applicant would be required to return to the Zoning Board of Appeals.. Mr. Gildea stated that Mr. Waldstein would like to build a house if approved. Mr. Waldstein addressed the Board and stated he wanted to determine if the Board will allow him to build a house, or if not allowed to build,he would request to have the lot reassessed as not buildable. Mr. Bonvie stated that the house depicted on the plan would require relief from the Zoning Board of Appeals. The distance from the wetlands is 37.1 feet and a distance of 12.6 feet from a coastal bank. In his opinion, if the Board makes a motion to move forward and approve the petition, the applicant could not receive any relief and could not build. He stated he will not approve any future applications for relief. Mr. Gildea stated that Down Cape Engineering reviewed the matter and put the proposed dwelling on the plan for informational purposes, and indicated that proposal can meet the requirements from the Conservation Commission. 2