8/24/1994 ZONING BOARD OF APPEALS Minutes

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Board Of Apia Mints Aust 2 , 1994 Elizabeth R. Petti - Has Appealed the Decision of the Building inspector denying a building permit in an R-3 zoning district on property located at 25 Greenwood Road (Map 117 , Blocs 180 ) Mashpee , MA. The denial was based on the determination by the Building Inspector that the lot does not meet the requirements of section 174- 1 of the Zoning By-laws or MGL chapter 40Ar section 6 . Elizabeth H. Petri - Has Appealed the Decision of the Building Inspector denying a building permit in an R-3 zoning district on property located at 88 Uncle Percyfs Road (Map 117 , Block 182 ) Mashpee, MA. The denial was based on the determination by the Building Inspector that the lot does not meet the requirements ents of Section 174-21 of the Zoning By-laws r MGL Chapter 40A. Members sitting: E, Govoni , J. Friel, C. Hawver Attorney Robert clerk represented Dr , Petti and reviewed the ownership of the two lots . He explained that the lot on 88 Uncle Percy' s Road came from a source different from the other two lots . It was not held in common ownership at the time of transfer to E. Petti and had never been merged with another lot . He claimed that the last transaction was in 1975 when it was conveyed into her from a source different from other land held by her , He quoted Willard vs . Hoard of Appeals of Orleans which stated that there was nothing in the fourth paragraph of Section 6 to suggest that it was intended to apply to anything but vacant land He discussed the property t 25 Greenwood and said that the other two lots are recorded in one deed but they were acquired from two separate certificates of title . The vacant lots have always been assessed as separate lots with separate utilities and water , in Seltzer vs , Board of Appeals of Orleans is the statement that adjacent lots in common ownership will "normally" be treated as a single lot for zoning purposes . He referred to Carcioti v .the Board of Appeals of Billerica which stated that not every set o adjacent lots is automatically ,created as a single lot for zoning purposes . He said the court may further explore whether the owner has the intent to keep the lots separate , He said Dr . Ptti was not aware that the action of the 1990 'down Meeting would reader the lots unbuildable . She made application for Building Permits and was denied by the Building Inspector . Mr . Govoni said the Board should get guidance from Town Counsel . M . Hawver moved to take the Appeals under advisement . Mr . Friel seconded* All agreed. Mr . Friel moved to grant Dr . Petty. a 60-dayextension in the hearing calender . Ms , Ha. ver seconded . All agreed.