03/27/2002 ZONING BOARD OF APPEALS Decisions

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Town o Mash ee 16 Great Veck load Xorth °'l`° MASHPEE ZONING BOARD OF APPEALS'�Tashpee, Nassachusetts 02649 Decision for a Variance RE: Joseph P. Hegarty, Jr. V-02-43 5 Sunset Circle Map 64 Parcel 35 �! j I` A Petition was filed on February 19, 2002 by Joseph P. Hegarty, Jr. of Green Harbor, Massachusetts for a Variance from the lot size requirements as required in Section 174-31 of the Zoning By-laws and that the Zoning Board of Appeals determine that the property located in an R-5 zoning district at 5 Sunset Circle, Mashpee, q I� Massachusetts (Map 64 Parcel 35) is a separate and buildable lot. Owner of record: I Marjorie E., Brian D., Paul J., Thomas P., John F. and Mark S. Hegarty. 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 8 and March 15, 2002, 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, March 27, 2002, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Frederick R. Borgeson, Zella E. Elizenberry and Marshall A. Brem. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of !j Mashpee Zoning By-laws. Attorney Richard Z. Minassian represented the Petition and stated that Mr. and Mrs. Joseph P. Hegarty, Jr. purchased the property located at 1 Sunset Circle in 1965 and I ;III purchased the abutting lot at 5 Sunset Circle in 1970. The Town of Mashpee has taxed each of the subject lots as separate and buildable for decades. Attorney Minassian referred to the November 19, 2001 letter from the Building Commissioner regarding the V I' subject property, which stated `the locus lot must be combined'. Attorney Minassian said that the Petitioner would suffer financial hardship if the subject property is considered unbuildable. � After a lengthy discussion, the Board voted unanimously to continue the Petition until May 22, 2002 to allow the Petitioner an opportunity to submit deeds on the I ; properties located at 1 Sunset Circle and 5 Sunset Circle and to allow the Building ! I Commissioner an opportunity to request Town counsel opinion on the Petition. li II ' ii j I � i !