03/12/2003 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Mashpee Zoning - Anthony Shuman and Dorothy Kagan 2 Board of Appeals V-03-40 (29 Pickerel Cove) — this was the development as shown — not chopped up any further. Mr. Kagan died in is 1977. In 1983, R-5 zoning came into effect. There were at that point some inquiries made about the protection of these lots and the grandfathering of the zoning. The Kagans were told they had nothing to worry about. The Town has a by law that states if you owned 3 abutting lots that appeared on a subdivision plan prior to 1975 those lots were protected. In 1986 that zoning bylaw was stricken from the Town at a town meeting. In 1987 the deeds were changed to the present. The Kagans continued to pay their individual tax bills. These lots have been taxed as separate buildable lots since 1955. In May 2003, parcel 95 showed $1,625; parcel #4 $1,711. In 2000 the Kagans who also owned lot #9; went to Cape & Islands to start the permitting process. They have always been under the impression that these lots are buildable. Mr. Slavinsky informed the Board that all of the departments know about changes except the assessing department. The area is where the problem is — 2 acre zoning. All of the lots in the neighborhood contain approximately 35,000 square feet. The lots in question are the two biggest lots in the neighborhood and should not be denied building status, as they are not detrimental to • the neighborhood. Petitioner points out that putting two (3 -bedroom) homes with de- nitrification systems would be the best solution for the neighborhood. Robert Nelson makes a motion to continue this matter to allow the Fire Department to make a determination regarding the road access. At the June 11, 2003 hearing, Deputy Sheldon Hamblin report is read and will be required by the Board to be made a condition of this Decision. After much consideration and discussion, the Board moves to grant the Variance with several conditions. The motion is seconded. All agree. So moved. GENERAL FINDINGS 1. that the subject lot is located at 29 Pickerel Cove and contains 39,940 square feet. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine • that there are circumstances relating to the shape and topography which affect this lot and