04/12/2005 ZONING BOARD OF APPEALS Minutes

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TITLE and ZONING HISTORY TO Nos. 53 & 55 AMY BROWN ROAD 1/1/76 HAROLD E. BALL CONVEYS 48,000 sq. ft. (the Primary Lot) to RICHARD E. BALL AND JOHN D. BALL 1 12/8/79 RICHARD E. &JOHN D. EXECUTE"EXCLUSIVE USE AGREEMENT" (CREATING PARCEL A measuring aprox. 23,000 sq.ft FOR USE BY RICHARD E. BAII, and CREATING "PARCEL B" measuring aprox. 25,000 sq.ft. FOR USE BY JOHN D.BALL) 1 1987 PER 1987 ZONING MAP, LOCUS CHANGED TO R-3 (40,000 sq.ft.min) 1 2/3/89 _ 1 1 RICHARD &JOHN CONVEY RICHARD &JOHN CONVEY PARCEL A TO: RICHARD BALL PARCEL B TO: JOHN BALL 1 6/16/93 MASHPEE PLANNING BOARD APPROVES ANR PLAN CREATING: PARCEL 1/A (A/K/A PARCEL A) CONTAINING 23550 SQ. FT. PARCEL 1/B (A/K/A PARCEL B) CONTAINING 25030 SQ. FT. 1 1 9/16/93 10/14/91 RICHARD BALL CONVEYS#53 ABR JOHN BALL CONVEYS#55 ABR TO _T_O_STEVEN_AND BARBARA BALL __ _ __ _ _ THE AMY BROWN_-ROAD-TRUST APRIL, 2004 AMY BROWN TRUST CONVEYS 55 ABR TO REARDON,TRUSTEE, QUALITY REALTY TRUST 10. Plaintiff is investigating whether there were residential shacks on both the easterly and westerly sides of the Primary Lot. Plaintiff further avers, so far as it is material to this Complaint, that 55 ABR is currently the site of an abandoned single-story, shingle cottage, with a height of approximately eight feet; a foundation measuring approximately 22' x 23', and; a total living area of approximately 500 square feet. 11. Plaintiff avers that Quality's Petitions seeks to demolish all of the existing structure at 55 ABR. New construction is proposed with a foundation measuring 20' x 50'. The living area is estimated to be in excess of 2,300 sq. ft, or five times greater than the existing structure. 12. Plaintiff avers that, pursuant to the Mashpee Zoning By-Law, and as shown by the 1987 Zoning Map, 455 ABR was located within an R-3 Zoning District with a minimum lot 3