12/13/2006 ZONING BOARD OF APPEALS Minutes

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wn of Mashpec MASHPEE ZONING BOARD OF APPEALS 16 Oreat Neck AO (W Moth, Mashpce, Massachusetts 0,29649 Decision for a Variance RE: Robert Bateman, III 55 Pequot Avenue Map 72 Parcel 68B V-06-87 A Petition was filed on November 21, 2006 for a Variance from Section 174-31 of the Zoning By-laws for relief from contiguous lot ownership and landspace requirements to deem this lot buildable. This property is located in an R-3 zoning district at 55 Pequot Avenue (Map 72 Parcel 68B) 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 November 24, 2006 and December 1, 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, December 13, 2006, 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 ToNvl] of Mashpee Zoning By-laws. Attorney Kevin Kirrane represents the petitioner at this hearing. He is seeking variance relief in order to deem this lot buildable due to 25 feet of common area of boundary lines that made them into common ownership. Mr. Bateman has built several homes in the area and spent over $80,000 on roadway improvements. This lot contains 18,000 square feet and has 150 feet of frontage. This variance has expired and applicant is looking for the same variance of 22,000 square feet to deem lot buildable. The Board reviews the plans and makes a motion to grant the variance. GENERAL FINDINGS 1. that the subject lot is located at 55 Pequot Avenue and contains 18,000 feet. l