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Tolun of ' g p <br /> r <br /> C <br /> P. O. SOX 1108 <br /> M SHPEE, MA 02649 <br /> PIANNING BOARD MINUTES : /20/848 Cont'd. Page 2 <br /> Petitioner: lir. Sturgis <br /> Submitted by: Atty* Kirrane <br /> Type of Plan: Approval Not Required <br /> Location: Route 130 and l ashpe a Pond <br /> Atty. Kirrane said the plan was a division of a 12+ acre parcel made <br /> into 8 separate lots and five of the lots front on Mashpee Pond . <br /> The ubdivision was in accordance with Chapter 41, Section 81L which <br /> regulates buildings that were on property prior to the enactment of <br /> zoning, The other:13 lots (11,12&13) aro in excess of 2 acres each <br /> with frontage on an approved public way or traveled way used by Mr. <br /> turg and his family and other people in the area . He noted that <br /> before the Board had approved the subdivision of Lot to which used <br /> traveled way, - <br /> T e Board requested that a solic line be put between lots 4 & 11, <br /> and they requested to see the plan that would be going to Land Court . <br /> Mr. Richard Eagan, in the audience , requested to spew on the plan <br /> and read letter see attached) . He stated Chapter 41, Section 81L <br /> was to allow real estate sales to owner so the owner will not b <br /> imposed by the latest zoning changes, if there were no changes in the <br /> plan, but he felt they are changing it as they're subdividing it into <br /> numerous lots <br /> Atty. Kirrane disagreed and said the law was to protect property <br /> owners who had property prior to the zoning laws . <br /> Mr. Dubin said they're not changing it as they are leaving the buildings <br /> standing. Atty. Kirrane explained if they did want to change the <br /> buildings they would.',have to go before the-.,-Board of Appeals and the <br /> Board ofHealth as they are non-conforming lots <br /> Mr. eagan said his maim concern was water and sewerage and he brought <br /> up Section 5.5 of the zoning by-laws , Mr. Iarsters said Section 5 .5 <br /> doesn't have any application here as this plan falls under state law <br /> which. says it's not a subdivision according to Chapter 41, Section 811 <br /> and so they have to sign it, <br /> The Board .requested Atty. Kirrane return with a revised plan with <br /> broken lines to show as frontage of Lot l land solid lines, for the side <br /> of Lot 4, and bring a copy of the engineering plan they will present <br /> to Land Court. <br /> Mr. Rowley suggested they should show septic and wells on each lot that <br /> it will service because it it 's over the line , it would involve getting <br />