12/10/2014 ZONING BOARD OF APPEALS Decision

Home Browse Search

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 GENERAL CRITERIA: The subject property located at 36 Fells Circle consists of 12,569 square feet and 146.63 feet of frontage. Chad Hoffinan, an abutter that resides at 19 Fells Circle wanted to know the owner's intent of the lot. 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 hire to build a house or if not allowed to build, he would request to have the lot reassessed as not buildable. Mr. Gildea stated that Down Cape Engineering reviewed the matter and put the proposed dwelling on the plan for informational purposes, and indicated that they can meet the requirements from the Conservation Commission. In view of the foregoing, the Board issued the Petitioner a Variance. Upon duly made and seconded at the Public Hearings on December 10, 2014, the Zoning Board of Appeals voted 4 to 1 to grant a variance to SBK Realty Trust under §174-31 of the Zoning By-laws to vary the lot size requirements on property located in an R-3 Zoning District at 36 Fells Circle, (Map 122 Parcel 219), Mashpee, MA. (Shirley Bernstein Katz as Trustee of SBK Realty Trust). The Board voted to grant the variance of the lot for relief being short 27,431 feet on the lot size, and 3.37 feet short on the frontage requirement. This approval does not address any relief to the house that is shown on the plans or the leaching field, or setbacks from wetlands. The approval is for the dimensional requirements only, and not depicting any improvements to the house, leach fields, setbacks to wetlands, and erasing the house and leach field from the plan that was presented to this Board. Referencing a site plan titled; 36 Fells Circle,Mashpee, MA,prepared for Steve Waldstein,by Down Cape Engineering, Inc., dated February 7, 2014, revised November 13, 2014 (updated flood zone), Scale: 1" =20',stamped by Daniel A. Ojala,Professional Engineer,on 11/13/2014. Also referencing Board of Health comments dated December 10,2014,"36 Fells Circle—Vacant parcel.No perks or engineering yet. Property is in Zone II so 12,569 SF area get one bedroom with conventional Title V system. There is not enough land area for a denite system to give enough credit for a second bedroom." Also stating the Board has notified the applicant of the concerns and inability to fit any residence of any size on this lot and meet any requirements under zoning. J 3