10/12/2011 ZONING BOARD OF APPEALS Minutes

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,Irto„ram:t y own q Mashpee pee 16 Great rApek zRpad,J�,'brtcz Waslipee,IXlassaclzctsctts 02049 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2011-36 14 Wilann Road Registry of Deeds Title Reference: Map 46 Parcel 46 Book No: 19609 Page No: 133 Mashpee, MA 02649 A Petition was filed on September 19, 2011 by Janie V. Ward for a Variance from Section 174-31 of the Zoning By-laws due to lapse of a Variance (V-2007-44) for permission to vary the land space requirements to restore the property located in an R-5 zoning district at 14 Wilann Road as a separate building lot (Map 46 Parcel 46) Mashpee, MA. 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 September 23, and September 30, 2011, 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 October 12, '2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Ronald S. Bonvie. 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. Attorney Brian F. Garner represented the Petitioner. He stated that the lots at 8 and 14 Wilann Road were purchased in 1970 and 1971, respectively. They were held in contiguous ownership by the original owners Mr. and Mrs. Ward, the Petitioner's parents. Mr. Ward died in 1981 and Mrs. Ward suffered a series of health issues afterward. After her mother's death, the Petitioner was not aware that the lots had been merged until long after the lots had lost their protection. The Zoning Board of Appeals granted Variance relief to the Petitioner in 2007 which restored the two contiguous lots at 8 and 14 Wilann back into two separate buildable lots. After spending thousands of dollars on engineered plans for denitrification systems for a proposed 3-bedroom home on each lot, the Petitioner experienced economic hardship and was unable to develop the lots before the Variance lapsed. The Petitioner is requesting the same Variance relief that the Board granted in 2007. Attorney Garner submitted a compilation of assessed values on the subject lots from 1991 to present. The property records indicate that both lots have been assessed and taxed as separate and buildable lots.