08/26/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Christopher L. Winslow and Mary E. Winslow 21 Deborah Bottle Road (Map 71 Parcel 89-0-R) Mashpee, MA 02649 V-2015-32 The Winslow's sold the lot as one large parcel of land, and the sub-division occurred within a year of the development approval of the sub-division, and the sale of the adjacent Lot 6. So effectively,within a year of the creation of this lot,it was held separately from any adjoining lot because the only thing that joined it other than lot 6 was open space. The developer ran upon some hard times and the Winslow's granted a mortgage to the developer and agreed to take back the lot in lieu of a foreclosure of that particular mortgage. The lot was taken back in 1997, but still remained separately owned from the adjacent lot which was sold out in 1987. In 1997, Lot 5 was still owned by the Winslow's, and the adjacent Lot 6 was still separately held. One of the criteria that has to be established under M.G.L.40 §6 is approval of the sub-division plan, and the creation of the lot had to conform to zoning. But at the time the preliminary plan was filed, and the definitive plan was approved, the zoning changed. Mashpee has a bylaw under Section 174-21,lots created by a sub-division plan may be developed in pursuant to lot size, frontage, and setback regulations applicable to the original approved sub-division plan within 8 years of the endorsement. That section states: "Lots created by a subdivision plan endorsed by the Planning Board under the provisions of MGL c 41§81U may be developed pursuant to lot size, frontage and setback regulations applicable to the original approval of said subdivision plan if, within eight (8) years of the endorsement, the performance guaranty (covenant) required by said §81U was released regarding said lot and said lot became separately owned from all adjacent land." Mr. Furbush spoke to Tom Fudala, Town Planner and he was told that the actual changing of the lot size from 15,000 to 40,000 took place on February 11, 1985, which is the date the lot became separately owned. Mr. Kirrane said he understood that a definitive plan had to follow within 8 months. However, he had a copy of the deed showing the date November 10, 1987. Mr. Furbush continued the hearing until September 9, 2015 to consult with Town Counsel. He determined the applicant has a hardship due to the "pie-shape", sloping topography of the lot, and the unusual history and financial circumstances the owner has endured over the past several years. GENERAL CRITERIA: The subject property located at 21 Deborah Bottle Road is approximately 31,691 square feet. There were no abutters present. 2