12/12/2001 ZONING BOARD OF APPEALS Minutes

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i , Mashpee Zoning Minutes—December 12, 2001 Board of Appeals 4 II Mr. Brem said that he visited the subject lots and reviewed the tax history of the lots. He i! I indicated approval of the Petition based on the fact that the Town has taxed and has received taxes on the two lots as separate and buildable and that the lots are consistent in size with the surrounding developed properties. I Mr. Nelson suggested that the Board could consider granting a favorable decisioni with � the condition of maintaining a large rear buffer. Mr. Wheeler said that the Petitioner does not need to apply for Variance relief to allow for the existing deck on the property located at 22 Sunset Circle. Mr. Nelson said that, in his opinion, "the Town of Mashpee p has endeavored to have things both ways" and that"this is an incorrect thing that the Town should not do—give a „bl tax on a piece of land as a buildable lot and somebody comes in and wants to build—I feel that this Board should take that into consideration". Attorney Kirrane agreed and said that this situation has been ongoing for 10 years. He said that the By-law changed in 1990 and the Town has continued to tax and collect taxes =fir on the subject property as separate and buildable. Mr. Walter Philips, an abutter at 32 Sunset Circle, complained that the engineered plan did not show an accessory building or location of the septic system. Attorney Kirrane said that the Board asked for the plan merely as a guideline to determine . if the vacant 1 could be developed and still maintain of p sufficient buffer from adjacent lots. Mr. Philips I �, said that he wants the plan to indicate the septic system. Mr. Borgeson said that the =a septic system is a Board of Health issue. The Board told Mr. Kelly to make sure that location of the existing shed complies with the setback requirements. No other comments were received from abutters. i , Mr. Borgeson moved to grant a Variance of 65,210 square feet from the lot size requirements on the property located at 82 Sunset Circle, subject to the following: • the house footprint shall be no larger than 30 feet x 72 feet. • a 20-foot buffer shall be maintained between Map 64 Parcel 15 (82 Sunset Circle) and Map 64 Parcel 14 (74 Sunset Circle) along the northerly edge of Parcel 15. ' • criteria: 2, 3, 4 and findings: 1, 2, 3, 4—excessive street frontage. • submission of a revised plan showing the above-referenced 20-foot buffer. j Mr. Brem seconded. All agreed. ii II I Mr. Borgeson moved to grant a Variance of 65,473 square feet from the lot size requirements on the property located at 22 Sunset Circle, subject to the following: • criteria: 2, 3, 4 and findings: 1, 2, 3, 4—excessive street frontage. • a 20-foot buffer shall be maintained between Map 64 Parcel 15 (82 Sunset Circle) and j Map 64 Parcel 14 (74 Sunset Circle) along the northerly edge of Parcel 15. !' • submission of a revised plan showing the above-referenced 20-foot buffer. , Mr. Brem seconded. All agreed. i