09/22/2004 ZONING BOARD OF APPEALS Minutes

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yt14t'Iy Mashpee Vown of R ( 16 (great eMeck Poach eYorlh,, �1a,SSaCh1,1,sP.tts 026 49 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Joseph Dellagalla 54 Horseshoe Bend Way Map 48 Parcel 24 V-04-123 A Petition was filed on August 20, 2004 for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the landspace requirements under current zoning to deem this lot buildable. This property is located in an R-5 zoning district at 54 Horseshoe Bend Way (Map 48 Parcel 24) 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 August 27, 2004 and September 3, 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, September 22, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Marshall Brem, James Regan and Zella Elizenbeny, Richard Guenrera and Robert Nelson. 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. Joseph Dellagalla represented himself at this hearing. He is seeking to overturn the Building Inspectors Decision regarding the buildability of his lot that he purchased 20 years ago as an investment due to contiguous ownership since he maintains a home next door. The landspace requirements for the R-5 zoning district are 80,000 square feet. However, Mr. Dellagalla has been paying taxes as a separate and buildable lot even though it only contains 13,000 square feet. The Board has given other comparable variances in this zoning district and feel the variance is a reasonable request. They also move to overturn the Building Inspector's decision for buildability.