11/10/2021 ZONING BOARD OF APPEALS Minutes (2)

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Town of Mashpee � 16 Great A Mashpee, Mass(,, MASHPEE ZONING BOARD OF APPEALS DECISION OF AN APPEAL OF THE BUILDING OFFICIAL AP-2021-62 Owner, One Village Marketplace, LLC 3 8 Pleasant Park Drive Map 70 Parcel 165 Mashpee, MA 02649 Bk.: 28909 Pg.: 40 A Petition was filed on September 17, 2021 by Owner, One Village Marketplace, LLC requesting an Appeal of the Building Official's Decision under M.G.L. Chapter 40A §§8 and 15. Applicant maintains that the lot qualifies as a protected non -conforming buildable single family lot and should be entitled to a building permit on property located in an R-3 Zoning District, at 38 Pleasant Park Drive, Map 70 Parcel 165, 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 October 1, 2021 and October 8, 2021 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §8 and §15 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, December 8, 2021 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Board Members, Ron Bonvie, Scott Goldstein, Norman J. Gould and Associate Member, George Ganzenmuller. Attorney Kevin Kirrane represented the application that was in front of the Board many months ago to discuss the prospect of Variance relief and that application was withdrawn. The applicant applied for a building permit on one of the two adjoining lots; both are owned by One Village Marketplace LLC, and was essentially advised that a building permit will not be issued because the Building Department's position is that both lots were owned by One Village Marketplace LLC, and both lots do not conform to the current requirements of Zoning, and that the two lots have merged into one single building lot. The Board had a discussion, and wanted Town Counsel's opinion so they could make a viable decision. An email was submitted by Evan Lehrer, Town Planner dated December 28, 2020 that included Town Counsel's comments, and case law regarding merged lots, etc. Mr. Lehrer stated that he could not recommend that the ZBA approve the petitions to vary the frontage, and lot size requirements.