08/22/2012 ZONING BOARD OF APPEALS Minutes

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,��\f•TUifiV fa..tr •� M p .� Town of Alashpee 26 Great,)N�ck_P\oacd•14`�r•th �in`st iU" Mashpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR GRANT OF VARIANCE V-2012-39 Vicki J. Holmes-McDevitt Registry of Deeds Title Reference: 24 Cranberry Lane Book: 16740 Page: 176 Map 23 Parcel 74 Mashpee, MA 02649 A Petition was filed on July 18, 2012 by Vicki J. Holmes-McDevitt requesting a Variance from Section 174-31 of the Zoning By-laws to vary the frontage and lot size requirements in order to restore the property located in an R-5 zoning district at 24 Cranberry Lane (Map 23 Parcel 74) Mashpee, MA as a separate building lot. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on August 3, and August 10, 2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on August 22, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, Ronald S. Bonvie, and Judith M. Horton. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Ms. Vicki J. Holmes-McDevitt represented her Petition and stated that she purchased the parcel at 30 Cranberry Lane in 1974 and built a home on the parcel in 1996. In 1998 she and her husband purchased the abutting parcel at 24 Cranberry Lane. Only Ms. Holmes-McDevitt's name is on the deed for 30 Cranberry Lane. Both she and her husband were named on the deed for 24 Cranberry Lane. Ms. McDevitt submitted a copy of a letter dated December 23, 1998, from Building Commissioner William Hauck stating that the parcel at 24 Cranberry Lane "meets the requirements of Massachusetts General Laws Chapter 40A, Section 6 for separate ownership and a building permit can be issued for that parcel if it meets the requirements of Conservation Commission and the Board of Health." Ms. Holmes-McDevitt has paid water betterment tax, street betterment tax, and real estate tax on 24 Cranberry Lane as a separate and buildable parcel for the past 13 years. As part of a divorce decree in 2000, Judge Robert Terry of Barnstable Probate and Family Court deeded the home at 30 Cranberry Lane and the parcel of land at 24 Cranberry Lane to Ms McDevitt. Due to economic problems, she must now sell the parcel at 24 Cranberry Lane. Ms. McDevitt asked for Variance relief to restore the property to its status as a buildable lot.