02/11/2004 ZONING BOARD OF APPEALS Minutes

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` P MASHPEE ZONING BOARD OF AP 16 Grcat r•�. �. .beck 1�oad,Xi)rth Decision for a Variance RE: LaCava Family II, LL C 35 Payamps Road Map 59 Parcel 12 V-04-19 A Petition was filed on January 15, 2004 for a Variance from Section 174-31 of the Zoning By-laws for relief from contiguous lot ownership, landspace requirements and frontage requirements to deem this lot buildable. This property is located in an R-5 zoning district at 35 Payamps road (Map 59 Parcel 12) 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 January 23, 2004 and January 30, 2004, 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, February It, 2004, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Zella Elizenberry and Robert Nelson 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. Attorney Kevin Kirrane represented the petitioner. He is seeking variance relief to permit single family residential development on this undeveloped lot. This lot was created by a 1985 subdivision plan of land and have been held in common ownership since that time. They are seeking relief to have these lots deemed buildable. The lot in question is almost an acre in size, larger than all of the lots that surround it. Petitioner feels residential development would enhance the area. Zella Elizenberry moves to grant a landspace variance of 38,596 square feet. Mr. Nelson seconds the motion. GENERAL FINDINGS 1. that the subject lot is located at 35 Payamps Road and contains 41,404 square feet.