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MIN, I <br /> Board of Appeals Minutes—February 24 ; <br /> , 1999 2 <br /> 4 I, <br /> t <br /> for the 1.9 foot variance or opposed <br /> to the Oakleys being exempt from the subdivision. <br /> Ms. Antunes replied that she wants the ., <br /> Gakleys to join the subdivision homeowners + � <br /> r Yj association. Mr. Govoni informed Ms. Antunes that this was not the place for that � � <br /> rr=J discussion ; <br /> Ms. Justlna Allen, <br /> Ms.Antunes daughter and also an abutter, said she was in favor of the ' <br /> project since it would onlyincrease the value of her property. No other comments were ' <br /> received from abutters. <br /> Mr. Regan moved to grant a variance of 1.9 feet on the west side of the property, <br /> to criteria: 2 3 4 - p pe�y, subject <br /> a and findings: 1,4■ Mr. Guerrera seconded. All agreed. ' <br /> Bartlev&Martha M. Sullivan: Request a Variance from Section 1 -74 31 of the honing � <br /> By-laws for permission to v the lot size and frontage�'Y tage requirements on properties <br /> loca <br /> ted in an R 3 zoning district at 416 Monomoscoy Road(Map 124 Block 47)and 422 <br /> Monomoscoy Road(Map 124 Block 48),Mashpee, M.A. Owner of record of 422 <br /> MonomoscoyRoad: James B. : <br /> &Margaret Reiffarth}. <br /> Members sitting: Edward M. Govoni, James E.Regan and Richard <br /> g T. Guerrera. <br /> '; <br /> Attorney Leslie-Ann Morse represented the applicants and stated that thewish y to <br /> convey a ten-foot strip of land to their abutting neighbors,the Reiffarths. Attorney <br /> Morse submitted an enlarged co of the <br /> . . . g . .copy , e plan and a copy of the 1947 Land Court <br /> subdivision plan. Mr. Govan inquired ' v <br /> p q d if the applicant had gone to the Planning ,;.�� , <br /> Board to change the lot sizes. Attorney Morse said that after discussion with- Town <br /> Counsel,the Town Planner said the applicants should request a Variance <br /> q from the <br /> Board of Appeals because they are reducing the frontage and lot size of Mr. Sullivan's <br /> non-conforming lot. ,;_ <br /> Mr. Govonx questioned the reason for the petition. AttorneyMorse stated that i <br /> the <br /> location of the Reiffarth's driveway is right where the ten-foot stripis and has r <br /> been <br /> since the 1950's. She also stated that the owners have entered into a purchase an■ p d sale ��.� <br /> agreement to convey the ten-foot strip of land. ' 00 <br /> 1,, <br /> Mr.Regan expressed concern <br /> g p rn if the Board has authority to change a Land Court plan, { <br /> Attorney Morse suggested that in rendering their decision,the Board could p ut a 10. ,1 , <br /> �. <br /> restriction that the newly created Lot 102(the ten-foot strip)must be used in connection ' 'w <br /> with the roe located at Ma 124 Block <br /> property�Y p 48. Attorney Morse informed the Board that 91 rr <br /> the size of the lots as they appear on the Assessors maps is different from the Land Co <br /> 1 � . <br /> 4 <br /> plan. When the lots were subdivided and sold,the Assessor's map included land all the <br /> way to the water,which was not Land Courted. Therefore the deeds that have <br /> a Land � <br /> Court parcel and a little that has not been land courted. Mr. Regan and Mr. Govom* , <br /> r r <br /> suggested that the Land Court plan figures be used as the absolute authority. <br /> i'I` i ,Ifh i <br /> t No comments were received from abutters. <br /> AL <br />