1976-1979-ZBA APPEALS - BLACKBOOK (2)

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t�1 TOWN OF MASHPEE BOARD OF APPEALS TOWN HALL, MASHPEE, MASSACHUSETTS 02649 June 24, 1976 Re: Appeal of Mr. Barry Krock. DECISION A petition was duly filed by the petitioner for an appeal of the decision by the building inspector to deny a building permit which would allow the petitioner to construct a dwelling on Lot 2, Cross Street, Popponessett Beach, Mashpee in an R-2 zoned area. Notice was duly given to abutters and owners of land next adjoining the land of abutters. Notice was given by publication by publishing in the Falmouth Enterprise, a newspaper of general circulation in the Town of Mashpee on February 27, 1976 and March 5, 1976. A public hearing was held on the petition at the Mashpee Town Hall, on March 17, 1976. The following members of the Board of Appeals were present: Michael Makunas, chairman; Linda 'Edson Hendricks and B. Jean Thomas . The petitioner' s property consists of land located on Lots 457 and 2, Cross Street, Popponessett Beach, Mashpee, Massachusetts. The petitioner is requesting relief from the side-line and set-back requirements of the Zoning By-laws. The question of combining these two lots was brought up and the meeting was adjourned until May 26th so that the petitioner could go before the Mashpee Planning Board to :see if these two lots could be combined into one lot, therefore easing the twenty per cent coverage problem. The meeting was brought to order once again on Wednesday, May 26, 1976 at the Mashpee Town Hall at 8 : 00 P.M. Present: the same members of the Board of Appeals as were present on March 17, 1976. The petitioner had presented to the Planning Board the possibility of combining Lot 457 and Lot 2 . The Mashpee Planning Board felt their approval was not necessary to combine these two lots into one lot. This opinion was confirmed by Town Counsellor Richard Staff in a letter dated May 7, 1976. The Town Counsellor states that once a lot acquires legal non-conforming status, it retains its legal non-conforming status regard- less of the enactment of' the Zoning By-laws within the Town. The fact that the owner subsequently acquires adjoiniQ land does not change the non-conforming status so as to require that/999sequently acquired land to be kept united with the non-conforming lot. Building structure occupies 2, 025 , square feet. Lot 457 has 6, 000 square feet and Lot 2 has 5, 000 square feet, a tota1�, 000 square feet. Lot 2, proposed place- ment of the building. Page one