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Town ofMash pee <br /> b�1' • y� <br /> V <br /> MASHPEE ZONING BOARD OF APPEAL 16 great JVeck load J�orth II <br /> ashpee,Massachusetts 02649 <br /> Decision for a Variance <br /> I <br /> RE: Paul & Theresa Kelly V-01-94 22 Sunset Circle <br /> Map 64 Parcel 16 <br /> A Petition was filed on August 17, 2001 by Paul and Theresa Kelly of Glenmont, <br /> New York for a Variance from the lot size requirements as required in Section 174-31 of <br /> the Zoning By-laws and that the Board determine that the property located in an R-5 <br /> zoning district at 22 Sunset Circle (Map 64 Parcel 16)Mashpee, Massachusetts is a <br /> separate and buildable lot. j <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, <br /> a newspaper of general circulation in the Town of Mashpee, on September 21 and <br /> September 28, 2001, a copy of which is attached hereto and made apart hereof. j <br /> � i <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> lid <br /> Wednesday, October 10, 2001, at which time the following members of the Zoning Board �I <br /> of Appeals were present and acting throughout: Robert G. Nelson, Frederick R. Borgeson <br /> and Marshall A. Brem. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the I' <br /> provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Kevin M. Kirrane represented Mr. Kelly, who also attended the meeting. <br /> Attorney Kirrane stated that the Petitioner purchased and constructed a home on the <br /> subject property located at 22 Sunset Circle in 1971. In 1977 the Petitioner bought the <br /> adjacent vacant lot at 82 Sunset Circle with the intention of selling it to supplement <br /> retirement income. Attorney Kirrane said that the Zoning By-laws changed the status of <br /> the subject lots. In spite of the change in the By-laws, the Town has continued to tax the <br /> subject lots as two separate and buildable lots. Attorney Kirrane said that each of the lots <br /> exceeds 14,000 square feet in size. <br /> Mr. Paul Leary, a neighbor, expressed approval of the proposal. Mr. Walter I' <br /> Phillips, a neighbor at 32 Sunset Circle, said that he did not have an opinion on the <br />