9/11/1996 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - September 11, 1996 2. (Corrected 10/9/96) Peter and Laraine Michaelson TRS - Have Appealed the Decision of the Building Inspector denying building permits in an R-5 zoning district for property located at 14 Pond View Drive (Map 71, Block 109) and 10 Pond View Drive (Map 71, Block 108) Mashpee, MA. The denials were based on the determination by the Building inspector that the lots do not meet the requirements of Section 174-21 of the Zoning By-laws or M.G.L. Chapter 40A, Section 6. Members sitting: E. Govoni, J. Regan, C. Hawver Peter Michaelson represented his application and informed the Board that Winslow Farms was an unfinished subdivision which went bankrupt with the failure of the Barnstable County Credit Union and the Town lost the bond for the completion of the roads.. He said that the N.C.A.U, took over the Iand and Mr. Michaelson made an arrangement to purchase the last nine lots subject to the Planning Board approval of his completion of the roads. He said that the Building Inspector had denied building permits on the two subject lots because they were in the same ownership. He explained that the subdivision was approved in 1985 and was protected for eight years. In 1991 the Bank was seized and the land could not be transferred. He presented copies of deed searches which show that both lots had been transferred to other owners and were not in separate ownership. He said that the Planning Board approved his $65,000 road plan in 1996 and released the covenants. Mr. Govoni said that the lots were in separate ownership and that the litigation would have extended the protection. He said the lots = were in separate ownership before the changes in the Town by-laws. Comments were received from an abutter Mike Silva who stated that one of the lots was unbuiidable because of wetlands. Mr, Govoni explained that the Conservation Commission and Board of Health have the jurisdiction on wetlands issues. Ms. Hawver moved to uphold the appeal and reverse the decision of the Building Inspector with the evidence of the lots being held in separate ownership, The Building Inspector had determined that the lots were in common ownership. Mr. Govoni said that the project was in litigation which prevented any action. Mr. Regan seconded. All agreed. MashRee Water District - Continued from August 28, 1996 See separate minutes, James G. Haidas - (Cooke's Restaurant) -Requests a Variance from Section 174-40 of the Zoning By-laws for permission to vary the access way requirements in a C-1 zoning district to allow access way for parking on property located in a C-1 zoning district at 7 Ryan's Way (Map 67, Block 74) Mashpee, MA. (Owner of record: Gary T. Melia).