04/28/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 4 April 28, 2004 be to go before the Zoning Board of Appeals to overturn his decision or seek an opinion from Town Counsel, thus the reason for petitioner before the Board tonight. The problems arose when the new Cotuit Road was laid out versus the old Cotuit Road. They were designated as separate lots before the new road layout dissected the lots. Who owns the right of the road? Section 174-21 of the zoning bylaws state that these non- conforming lots can be developed and that grandfathering issues come into play. G.L. 40A section 6 states that the grandfather provision of the state law applies here. The question also arises that the westerly piece of the Hufnagel property and the easterly portion are separate buildable lots. Building Inspectors says they are not, petitioner feels that they are. Old Cotuit Road bisected these lots at the time making them two separate lots. The street has since been relocated—what to do is the question? One lot is 27,409 square feet and the other lot is 50,000 square feet. The requirement for lot size in that district is 80,000 square feet under current zoning laws. Zella Elizenberry and Marshall Brem expresses their opinion that they will not go against the Building inspectors decision. Some further history is discussed between the Board and Mr. Watt. The board feels this is a unique situation best addressed by Town Counsel due to the legality of the complicated issues involved. Mr. Wheeler will pass this along to Town Counsel for his opinion. Mr. Watt asks for a continuance of 60 days. The Board agrees to the continuance. All agree. So moved. Other Business: ✓ Coffee Roasters—in violation of permit: Lori Corsi informs the Board of a letter Glenn Harrington wrote to the Coffee Roasters. They are in violation of their special permit by not hooking up to the water. They have apparently appealed this decision by Mr. Harrington. Building Inspector, Russ Wheeler informs the Board that he will fine them. ✓ MIIA Rewards Program—Lori Corsi to attend Seminar for "Defensible Decision Writing on 4/29/04 in Framingham. All Board members will be given the videos to watch"Conducting Public Meetings"; and "Zoning and Land Use Issues". Lori Corsi informs the Board that they must each view the videos, Jamie Regan will receive them first and they will them be passed out to the Board. ✓ Minutes will be forwarded to Board this week from April 14. Marshall Brent makes a motion to adjourn. Zella Elizenberry seconds the motion. All agree. So moved. Meeting is adjourned at 10:15 p.m. Respectfully submitted, Lori Corsi