04/27/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 4 April 27, 2005 • Genovaite Mickevicius: Requests a Variance from Section 174-31 of the zoning by- laws to seek relief from the landspace requirements while applicant seeks to separate two previously merged lots on property located in an R-5 zoning district at 4 Florence Avenue (Map 71 Parcel 19 lot 58) Mashpee, MA. Genovaite Mickevicius: Requests a Variance from Section 174-31 of the zoning by- laws to seek relief from the landspace requirements while applicant seeks to separate two previously merged lots on property located in an R-5 zoning district at 4 Florence Avenue (Map 71 Parcel 19 lot 38) Mashpee, MA. Sitting: Robert Nelson, Zella•Elizenberry, Frederick Borgeson, Evano Cunha and Jonathan Furbush. Attorney Kevin Kirrane of Dunning and Kirrane represent the petitioners at this continued hearing. They were previously requested by the Board to check to see if the existing dwelling on lot 58 does not exceed 20% lot coverage. Lot 38 sits at the corner of James Circle and Florence Avenue and contains 8,372 square feet with 100 feet of frontage along James Circle and 90 feet of frontage along Florence Avenue. Lot 58 is situated at the corner of Florence Avenue and Jeanne Avenue and has more than 150 feet of frontage along those streets. There is a single family home on lot 58. They are seeking to separate those lots which have been merged so that both can be • sold as separate building lots. The Mikonis' owned these lots since 1971 and held them as husband and wife until 1998 when Mrs. Mikonis became the sole owner as the surviving tenant by the entirety. Her son, the applicant is attempting to sell these lots to pay for her care in a nursing home facility. The lots individually and combined are non- conforming given the fact that they fail to meet current lot size requirements in the R-5 zoning district. He understood these lots to be separate building lots. However, upon putting them up for sale realized that the Town had previously merged these lots due to zoning changes that he and his mother were unaware of. He also understands that for 12 years the lot has been taxed as a single lot and is prepared to reimburse the town the taxes that would have been levied against the lot had it not been merged. The Board reviews the plans and digests the presentation of Mr. Kirrane. Mr. Nelson asks for a motion and no one is willing to propose a motion. Mr. Nelson makes a motion to grant the variance to individualize the lots so long as the new dwelling maintains the average setback rule for the area. Zella Elizenberry seconds the motion. Evano Cunha votes in favor. Frederick Borgeson votes against the motion. Jonathan Furbush votes against the motion. Motion is defeated. Motion is denied without prejudice. Plans referenced were from Cape & Islands Engineering, dated January 31, 2005 as prepared for Genovaite Mickevicius. Mareot F. White, Trustee: Requests a Variance from Section 174-31 of the Zoning By- laws in order to seek relief from the lot size and frontage requirements in order to separate merged lots to create a single building lot on property located in an R-3 zoning district at 6 Chart Way (Map 1061'arcel 15) Mashpee, MA.