10/27/2004 ZONING BOARD OF APPEALS Minutes

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f IOWN 40 wn of Mashpee 16 Great _4�ck Road EXi)t1h, Nlashpce, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: John O. Harris 97 James Circle Map 64 Parcel 64 V-04-151 A Petition was filed on October 5, 2004 for a Variance from Section 174-31 of the Zoning By-laws to vary the landspace requirements under current zoning to deem this lot buildable. This property is located in an R-5 zoning district at 97 James Circle (Map 64 Parcel 64) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on October 8, 2004 and October 15, 2004 a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, October 27, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Marshall Brem, James Regan and Zella Elizenberry, Richard Guerrera and Robert Nelson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Ms. Joan Muse, petitioner's realtor is representing them. The Building Inspector declared this lot unbuildable due to contiguous ownership with an adjacent lot that was in his wife's maiden name. Mr. Harris and his wife presently reside at 103 James Circle. Mr. Harris owns 97 James Circce and it is in his name and his wife owns 107 James Circle This lot was put in her maiden name and kept this way for over 20 years. They have been paying taxes as buildable lots for all of this time and want to appeal the building inspector's decision. They have submitted their tax records and subdivision plans. The Board feels this is similar to several matters that have addressed previously.