02/11/2004 ZONING BOARD OF APPEALS Minutes

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"lown of Mashpee 16 Great j%ck Ikood A�orlh MASHPEE ZONING BOARD OF APPEALS NJashj_)ce, Xlass(ichusetts 02649 Decision for a Variance RE: LaCava Family 11, LL C 41 Payamps Road Map 59 Parcel 13 V-04-23 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 41 Payamps Road (Map 59 Parcel 13) 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 11, 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. Petitioner is seeking a landspace variance in order to deem the lot buildable for residential use. Since the lot is over one acre, it is larger than most of the lots in the area. Zella Elizenberry moved to grant a 39,857 square foot landspace variance. Motion is seconded. So moved. GENERAL FINDINGS