08/22/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Vicki J. Holmes-McDevitt 24 Cranberry Lane Mashpee, MA 02649 V-2012-39 Mr. Bonvie said that it appears that when the judge decreed both parcels of land to Ms. Holmes-McDevitt as part of the divorce settlement, the lots were merged. Mr. Reiffarth said that, if there are two separate deeds, there are two separate parcels; especially in light of the fact that Mr. McDevitt's name only appears on one deed. Mr. Furbush said that the Board has granted similar relief to other Petitioners and that he is in favor of granting Variance relief on this parcel. No comments were received from abutters. GENERAL FINDINGS: The subject property is located at 24 Cranberry Lane and consists of approximately 13,000 square feet of land. VARIANCE CRITERIA/SPECIFIC FINDINGS: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a Variance from the terms of the applicable zoning ordinance or By-law where such permit granting authority makes specific findings. The Board determined that: 1) owing to circumstances relating to the a) soil conditions created by the abutting bog and b) extremely sloping topography of the subject property, which factors especially affect such land or structures but do not affect generally the zoning district in which it is located; a literal enforcement of the provisions of the ordinance or By-law would involve substantial hardship, financial or otherwise, to the Petitioner. 2) a) the subject property has been assessed and taxed as a separate and buildable lot; b) the parcel is consistent in size and shape with existing, developed parcels in the neighborhood; c) development of the parcel will enhance its value and the value of properties in the neighborhood; therefore, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or By-law. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Variance. Upon motion duly made and seconded at the Public Hearings on August 22, 2012, the Zoning Board of Appeals voted unanimously to grant the following Variance relief on the parcel located at 24 Cranberry Lane: • a Variance of 50 feet from the frontage requirements. • a Variance of 67,000 square feet from the lot size requirements. 2