08/13/2003 ZONING BOARD OF APPEALS Decision

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Mashpee Zoning Board of Appeals John Pellegrini 2 V-03-62 selling this property, it will incur the Pellegrini's a substantial financial hardship due to • the fact that Mrs. Pellegrini needs full time medical care in her present condition. Marshall Brem discusses the tax bills and why the assessed value is so low, currently $4,800.00. Attorney Taylor indicates she needs to investigate these bills further and requests a continuance. The Board met again on September 10, 2003 and Attorney Mathew Dupuy represented the Pellegrini's. After further discussion of the tax issue and another presentation of the Pellegrini's situation, Mr. Brem suggested another continuance to look to the Assessing Department for some answers as to why an identical size lot right next door to a lot valued at$50,000 is valued at$4,800.00. The Board agrees to the continuance as does Attorney Dupuy. At the hearing on October 8, 2003, more discussion on the tax issue took place. It was determined that these tax bills were betterments and not taxable property values. Attorney Dupuy has suggested to the Board that upon the sale of the lot in question, the Pellegrini's give 5%of the gross sale back to the Town of Mashpee in order reimburse the Town for the taxes that have not been assessed over the years. The Board seems to feel this a reasonable compromise since everything else seems to be in order and no one can explain why the value of the land . was not at full value. Marshall Brem makes a motion to grant the 50-foot variance for frontage relief and a 68,857 variance for landspace relief. Robert Nelson seconds the motion. 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. GENERAL FINDINGS 1. that the subject property is located at 25 Pondview Avenue and contains 11,143 square feet. SPECIFIC FINDINGS The Board determined that: • 1, a literal enforcement of the By-laws would involve hardship to the Petitioner. P