01/10/2007 ZONING BOARD OF APPEALS Minutes

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{05V'ry ityJ`y Town of Nashpee 16 Great )Veck &ad earth MASHPEE ZONING BOARD OF APPEAI�ashpee -Massachusetts 0�69 Decision for a Variance RE: Gail Lopes 27 Melissa Avenue Owner of Record: Lawrence Nadzeika Map 21 Parcel 13 V-07-08 A Petition was filed on December 20, 2006 for a Variance from Section 174-31 of the Zoning By-laws for relief landspace requirements to deem this lot buildable. This property is located in an R-5 zoning district at 27 Melissa Avenue (Map 21 Parcel 13) Mashpee, MA. Owner of Record: Lawrence Nadzeika 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 December 22, 2006 and December 29, 2006, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, January 10, 2007, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Zella Elizenberry, Robert Nelson, Marshall Brem, Jonathan Furbush and Frederick Borgeson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Gail Lopes represents herself at this hearing. They are seeking a landspace variance of 8,520 square feet in order to deem lot 27 Melissa Avenue a buildable lot. The Board is informed that there are extensive taxes owed on this property that Mr. Nadzeika owns. The variance will be conditioned on taxes being paid in full on this property. The Board reviews the site plan and finds the variance request reasonable. Frederick Borgeson makes a motion to grant an 8,520 square foot landspace variance. GENERAL FINDINGS 1. that the subject lot is located at 27 Melissa Avenue and contains 71,480 square t feet.