03/27/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—March 27, 2002 4 Board of Appeals • Advanced Technology Solutions plan entitled `Sewage System Design for John & Lillian Chilingerian, 115 Kingston Rd., Waltham, MA, 02154, on 77 Horseshoe Bend Rd., Assessor's Map 40 Pc 8-0-R, Mashpee, MA, Date: 12-10-01, Rev: 2-12-02'. • the Petitioner must post a Bond (amount to be determined by the Building Commissioner) for the before and after care of the entire road to guarantee that the road shall be restored to the condition it was before construction I commenced at 77 Horseshoe Bend Way. Ms. Elizenberry seconded. All agreed. Joseph P. Hegarty, Jr. —Requests a Variance from the lot size requirements as required in Section 174-31 of the Zoning By-laws and that the Zoning Board of Appeals determine that the property located in an R-5 zoning district at 5 Sunset Circle Mashpee Massachusetts (Map 64 Parcel 35) is a separate and buildable lot. Owner of record: Marjorie E., Brian D., Paul J., Thomas P., John F. and Mark S. Hegarty. Sitting: Frederick R. Borgeson, Zella E. Elizenberry, Marshall A. Brem. Present: Richard ? I' T. Guerrera. LIj '' i I�' �II Attorney Richard Z. Minassian represented the Petition and stated that the Petitioner purchased the property located at 1 Sunset Circle in 1965 and purchased the abutting lot at 5 Sunset Circle in 1970. Attorney Minassian said that other properties in the same location and of the same nature as the subject property have been granted ZBA Variance I ' relief and have been deemed buildable. He stated that the tax collector's office has taxed each of the contiguously owned lots as separate and buildable for all of these years. Attorney Minassian said that ownership of one of the lots was transferred from husband 1 and wife to wife and children in 1989. Attorney Minassian referred to the November 19, 2001 letter from the Building 11 Commissioner regarding the subject property, which stated `the locus lot must be combined'. Attorney Minassian said that the hardship of a financial nature now exists di if the subject property is considered unbuildable. I I Mr. Borgeson agreed and said that the Board recently granted Variance relief allowing for development of the property located at 82 Sunset Circle, which had been held in I'! common ownership with the abutting developed lot at 22 Sunset Circle. Mr. Borgeson said that his research revealed that a lot held in common ownership is protected for the � ' ' 11 first five years from the date of change in zoning. He quoted the law, which states: 'Commonly held and non-conforming lots not protected by common lotprotection I' discussed above (five years) or the definite planned protection discussed below, merge automatically unless the individual lot is preserved by the provisions of the local zoning j ordinance or By-law". Mr. Borgeson said that neither provision applies to the subject II , property. 1 lj ' I ILII'' i l I I I