6/8/1994 ZONING BOARD OF APPEALS Minutes

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1 Board of Appeals Minutes - ,dune 8 . 1994 Richardson H, Jonas - Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the minimum lot area and frontage a require ents in an R-5 zoning district on properties located at 32 , 37 , 38r 42 , 46r 52r 4 and 59 Jonas Drive (Map 37 , Blocks 203, -204 , 205, 208 , 247 , and Map 46 , Blocks 73 , 74 and Mashpee , MA. ovoni stepped down from the Hoard and Cheryl. A. H awver acted as Chairman. Members sitting: C . H awver, J. Regan, A. Mindick Attorney Kevin Kirrane represented the applicant , He presented plans of a subdivision approved in 1985 . He explained that due to the poor economy Mr . Jonas was not able to sell ' the lots within the eight year protection period. He said zoning changed between the time of the submission of the preliminary plan and the tinal appr oval . He said current zoning would require 80 , 0 4 4 square feet and allow only two lots . The cost of the development of the infrastructure has been $50 , 004 , He showed copies of the assessor ' s maps for the area to demonstrate that the proposed Jonas lots are larger than most in the area. He explained that when the R-5 zoning was adopted it was to an area which was already largely developed& Mr . Makunas asked when one lot was conveyed from the subdivision and Mr . Kirrane replied that it had been sold four years ago . Mr, Makun .s asked why lots were not checkerboarded and Mr . Kirrane said he did not believe this could be dome. Mr , Ki ane said that the plan was submitted in early 1985 , the zoning changed - in May of 1985 before the definitive plan was approved by the Planning Hoard. The definitive plan was approved in October, 1985 and the lots then were not in conformance with existing zoning . The one that was conveyed was sold within the eight years and was built upon. M . Kluane said that if the lots had been sold they would have had to be developed within the eight year period. Mr . ,Yonas said he found out about this problem two months ago . He said the lots were not approved for sale until 1994 when the covenant was released. Ms . Hair reviewed the zoning changes from 22 , 504 to 40 , 444 in 1985 to 84 , 004 in 1990 . Mr . Kirrane said the lots would have been protected under the old zoning but the grandfather clause was eliminated in 1990 . Mr . Mindick discussed hardship of topography. Mr , Kirrane said some lots had wetlands but the hardship is essentially the intrastructure .