10/13/2004 ZONING BOARD OF APPEALS Minutes

Home Browse Search

FACTS 13. The property located at 18 Crosstree Way, Mashpee, MA (hereinafter Locus) is shown as part of a subdivision plan approved by the Mashpee Plain in Board in December of 1963 and is Lot 259 on Land Court Plan 11408-31 (Sheet 3). The property is also shown as Lot 22 on Mashpee Assessor's Map 112. 14. Locus contains 11,500 square feet and has 120 feet of frontage on Crosstree Way. 15. Locus is located in an R-3 Zoning District which requires a building lot to have 40,000 square feet in area, 150 feet of frontage, a front yard setback of 40 feet and 20% maximum lot coverage. 16. The zoning protection afforded a subdivision plan under M.G.L. C. 40A, sec 6 has expired relative to the 1963 subdivision plan. 17. The only "grandfathering" allowed under the Mashpee Zoning By-Law is that provided by M.G.L. c. 40A, sec 6. 18. The Plaintiff is the owner of 22 Crosstree Way, Mashpee, Massachusetts and is a direct abutter on the northwest of Locus COUNT 19. The Plaintiffs reallege and reaver Paragraphs No. 1 through 18 of the complaint as if the same were specifically herein set forth. 20. On September 2, 2004, the Defendant, Frieda D. Ramaswamy, Trustee filed a Petition with the Mashpee Zoning Board of Appeals relative to locus. The Petition requested a Special Permit pursuant to Section 174-17 of the Zoning By-Laws. The Petition was filed as Case No. SP-04-125. (A copy of the Petition is attached as Exhibit B) 21. The Zoning Board caused a public notice to be prepared,which stated that the Defendant, Frieda D. Ramaswamy, Trustee requested a Special Permit to "alter a pre- existing non-conforming structure to build an addition."The notice was duly published and sent to all abutters including the Plaintiff. (A copy of the Notice is attached as Exhibit C) 22. A public hearing was held on October 13, 2004. At or before the public hearing, the Defendant, Frieda D. Ramaswamy, Trustee, changed the request relief and asked that she be allowed to demolished the existing structure and construct a new structure in conformance with plans filed with the Defendant, Zoning Board. } 3