08/26/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS AUGUST 26, 2015 MEETING MINUTES Attorney, Kevin Kirrane represented the applicants for the Variance request. He introduced Mr. Allan Winslow who is a previous owner of the lot and a member of the Winslow family who has owned the property before it was sub -divided. He supplied the Board a copy of the sub -division plan, the assessors map, and various deeds relating to the title and the adjacent lot. There is a variety of circumstances where a lot would ordinarily be considered buildable but the lot is deemed not buildable at the present time. The property was sub- divided between 1985 and 1986. During this period of time, when there was a good deal of development taking place in the Town of Mashpee, the preliminary sub -division plan was filed when the zoning for this section was 15,000 square foot lots. Between the time that the preliminary sub -division was filed in November of 1985, and the time the definitive plan was approved by the Planning Board in April of 1996, the zoning changed from 15,000 sq. ft. to 40,000 sq. ft. The Winslow's sold the lot as one large parcel of land, and the sub -division occurred within a year of the development of the approval of the sub -division, and the adjacent lot 6 was sold. So effectively within a year of the creation of this lot, it was held separately from any adjoining lot because the only thing that adjoined 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 the Winslow's agreed to take back the lot in lieu of a foreclosure of that particular mortgage. The lot was taken back in 1997 but stilled remained separately owned from the adjacent lot which was sold out in 1987 (referencing a deed by the developer). When lot 5 was taken back by the Winslow's in 1997, it was still separately held from lot 6 which is the adjacent lot. One of the criteria that has to be established under M.G.L. 40 Section 6 is at the time of the approval of the sub -division plan, and the creation of the lot, the lot had to conform to zoning but could not conform to zoning because at the time the preliminary plan was filed, and the time the definitive plan, was approved the zoning had 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 setback regulations applicable to the original approval sub -division plan if within 8 years of the endorsement which was in April of 1986 performance guarantee required under Section 81U was released regarding said lot and said lot became separately owned from all adjacent lots. No one paid attention to this issue. This lot is over 31,000 square feet. A hard -ship has been created since this is one of the last lots. 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 has to follow within 8 months. Mr. Kirrane has a date showing November 10, 1987 on the deed. Mr. Bonvie thought that 40A Section 6 was preliminary if it falls within 7 months of the application of a definitive plan, than locking in zoning approving the definitive plan. 11