04/12/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Genovaite Mickevicius 2 Board of Appeals V-05-41 (lot 38) 2 surviving tenant by the entirety. Her son,the applicant is attempting to sell these lots to pay for her care in a nursing home facility. The lots individually and combined are non- conforming given the fact that they fail to meet current lot size requirements in the R-5 zoning district. He understood these lots to be separate building lots. However, upon putting them up for sale realized that the Town had previously merged these lots due to zoning changes that he and his mother were unaware of. He also understands that for 12 years the lot has been taxed as a single lot and is prepared to reimburse the town the taxes that would have been levied against the lot had it not been merged. The Board reviews the plans and digests the presentation of Mr. Kirrane. Mr. Nelson asks for a motion and no one is willing to propose a motion. Mr. Nelson makes a motion to grant the variance to individualize the lots so long as the new dwelling maintains the average setback rule for the area. Zella Elizenberry seconds the motion. Evano Cunha votes in favor. Frederick Borgeson votes against the motion. Jonathan Furbush votes against the motion. Motion is defeated. Motion is denied without prejudice. GENERAL FINDINGS 1. that the subject lot is located at 4 Florence Avenue (lot 38) and contains 8,372 square feet. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. SPECIFIC FINDINGS The Board determined that the applicant did not meet the criteria for the granting of a variance and denied the request without prejudice. 7