08/09/2006 ZONING BOARD OF APPEALS Minutes

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lown of Mash cc 16 Great Meek Pvoacl Afor-th ,R Aiiff Nashpee, AlfassacltUsetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Robert and Vicki Govoni 12 Quinapen Road Map 72 Parcel 2 (Appeal) -06-52 A Petition was filed on July 12, 2006 for an appeal to overturn the decision of the Building Inspector from contiguous ownership and deem lot buildable as a residential lot. This property is located in an R-5 zoning district at 12 Quinapen Road (Map 72 Parcel 2) 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 July 28, 2006 and August d 4, 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, August 9, 2006 and continued until August 23, 2006 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, James Reiffarth, Jonathan Furbush and Eric Dublirer. 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. Robert Govoni represents himself at this hearing. They are seeking what was deemed a horticultural lot and used as a means for run a landscaping business to be deemed a residential lot in order to build on it and sell it. The lot itself is a pre-existing non-conforming lot and was originally deemed non-buildable by the Building Inspector for contiguous ownership issues. There was debate over whether or not the lot was in a C-2 or R-5 zoning district and it has been determined that it is an R-5 district. Mr. Govoni is under severe financial constraints and will lose his home if he and his wife are not able to sell this lot to his son and make amends to their financial matters.