04/12/2005 ZONING BOARD OF APPEALS Minutes

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Statement of Relevant Facts: t 6. On March 7, 2005, John Reardon, Trustee, Quality Homes Realty Trust ("Quality"), applied for zoning relief to construct a single-family residence on the premises numbered 55 Amy Brown Road, Mashpee, Massachusetts ("55 ABR"). Quality's requests for zoning relief included: 1) Petition for Special Permit from Mashpee Zoning By-Law § 174-17 and 174-20, and 2) Petition for Variance from Mashpee Zoning By-Law § 174-31 (Petitions attached, Tab 2). 7. Plaintiff avers that there is a common title history between 55 ABR, and the adjacent land to the west numbered 53 Amy Brown Road (hereinafter, "53 ABR!'). Plaintiff avers that an abstract of title shows that 53 ABR and 55 ABR were previously configured as one lot containing 48,580 sq. ft. with a single owner (the lot previously containing 48,580 sq. ft, is herein referred to as'the"Primary Lot"). 8. Plaintiff's title abstract shows that a)title'.fo the Primary Lot containing 48,580 sq. ft. was in Harold Ball, individually, through January 1, 1976; b) on l/1/76, Harold Ball conveyed the Primary Lot to Richard E. Ball and John D. Ball, as Tenants in Common Tab 3 ; c on 12/8/79, Richard E. Ball and John D. Ball executed a so-called"Exclusive - - - - - -( -�--- --� - --- -------------- --- ---------------- ---- ------------- -- - Use" agreement, whereby the easterly 23,550 sq. ft(the westerly side) of the Primary Lot, now numbered #53, was reserved for the exclusive use of Richard E. Ball, and, the westerly 2 5,03 0 sq. ft of the Primary Lot (now numbered 955 ABR)were reserved for the exclusive use of John D. Ball, (Tab 4); d) on 2/3/89, Richard E. and John D. conveyed 453 to Richard E. Ball, individually (Tab 5), and; e) on 2/3/89, Richard E. and John D. conveyed# 55 to John D. Ball, individually(Tab 6); f on 9/16/93, Richard Ball conveys #53 Amy Brown Road to Steven Ball and Barbara Ball; g) on 10/14/91, John Ball conveys # 55 Amy Brown Road to The Amy Brown 1991 Realty Trust; h) April, 2004, the Amy Brown Realty Trust conveys 55 ABR to Reardon, Trustee, Quality Homes Realty Trust. See chart below. 9. On June 19, 1993, the Planning Board of the Town of Mashpee endorsed an "ANR" plan creating two secondary lots known as parcel I and 1B a/k/a 53 Amy Brown Road and 55 Amy Brown Road. See chart below. 2