04/12/2005 ZONING BOARD OF APPEALS Minutes

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'IlYi6'rj Town of w 16 Great,eek Pvoac_JVot-1h Nlctshpee, -Utssaehusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Genovaite Mickevicius 4 Florence Avenue Map 71 Parcel 19 (lot 58) V-05-40 A Petition was filed on March 2, 2005 for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the lot size requirements under current zoning and separate previously merged lot into two separate building lots on property located in an R-5 zoning district at 4 Florence Avenue (Map 71 Parcel 19 lot 58 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 March 25, 2005 and April 1, 2005, 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, April 12, 2005 and Wednesday, April 27, 2005, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Frederick Borgeson, Evano Cunha and Jonathan Furbush. 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 of Dunning and Kirrane represent the petitioners at this continued hearing. Lot 38 sits at the corner of James Circle and Florence Avenue and contains 8,372 square feet with 100 feet of frontage along James Circle and 90 feet of frontage along Florence Avenue. Lot 58 is situated at the corner of Florence Avenue and Jeanne Avenue and has more than 150 feet of frontage along those streets. There is a single family home on lot 58. They are seeking to separate those lots which have been merged so that both can be sold as separate building lots. The Mikonis' owned these lots since 1971 and held