02/11/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals February 11, 2004 3 LaCava Family Il, LLC: Requests a Variance from Section 174-31 of the Zoning By- laws in order to vary the landspace requirements to deem lot buildable on property located in an R-5 zoning district at 329 Old Barnstable Road (Map 59 Parcel 7) Mashpee, MA. LaCava Family II, LLC: Requests a Variance from Section 174-31 of the Zoning By- laws in order to vary the landspace requirements to deem lot buildable on property located in an R-5 zoning district at 17 Payamps Road (Map 59 Parcel 9) Mashpee, MA. LaCava Family 11, LLC: Requests a Variance from Section 174-31 of the Zoning By- laws in order to vary the landspace requirements to deem lot buildable on property located in an R-5 zoning district at 29 Payamps Road (Map 59 Parcel 11) Mashpee, MA. LaCava Family II, LLC: Requests a Variance from Section 174-31 of the Zoning By- laws in order to vary the landspace requirements to deem lot buildable on property located in an R-5 zoning district at 41 Payamps Road (Map 59 Parcel 13) Mashpee, MA. LaCava Family Il, LLC: Requests a Variance from Section 174-31 of the Zoning By- laws in order to vary the landspace requirements to deem lot buildable on property located in an R-5 zoning district at 23 Payamps Road (Map 59 Parcel 10) Mashpee, MA. James Regan steps down from this hearing. Mr. Nelsons asks Zella Elizenberry if she has any problems sitting on these hearings due to the fact that she is employed by Southport and they are the largest abutter to the seven properties. Sitting: Robert Nelson, Zella Elizenberry and Frederick Borgeson. Attorney Kevin Kirrane of Dunning and Kirrane represents the petitioner. He is seeking variances in order to deem these lots buildable, which are not presently buildable in the zoning district in which they sit. These lots were created in 1985 and have been held in common ownership since that time. The current owner acquired these lots in 1999, but said lots had been owned by Anthony LaCava Trust since 1986. All lots except 320 Old Barnstable Road have adequate frontage along Payamps Road. The site is adjacent to Southport and Quashnet Valley Golf course. The current zoning in this district requires lots to have 80,000 square feet. Most of the lots in questions contain about 40,000 still very large lots for the general area. The Town has continued to tax each lot as individual buildable lots as has the Water District. The lots are currently valued at approximately $90,000. The owner has also spent money on more than 1200 linear feet of roadway and installation cost of utilities. The Board ensues a lengthy discussion with Mr. Kirrane regarding alternatives that may be considered. Mr. Nelson proposes that perhaps Mr. Kirrane take this zoning up in a Town Meeting to have it change since it is considered to be "snob zoning" and most of the lots in Mashpee do not come any where near containing 80,000 square feet. The Board would like to see the 2 smaller lots combined into one lot so that there would be six lots in total. The Board also discusses keeping the 25 foot setback requirements on the sidelines and 40 feet in the front. Lot numbers 320 Old Barnstable Road, 329 Old Barnstable Road and a portion on 320 Old Barnstable Road reading"331 Old Barnstable Road" shall be combined to make one buildable lot. Zella Elizenberry moves to grant the following variances: