05/22/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—May 22, 2002 g Board of Appeals Attorney Richard Z. Minassian represented the Petition and was accompanied by Attorney Thomas Souza from Carter and Associates. Attorney Minassian stated that the j property located at 1 Sunset Circle was purchased in 1965 and developed. The other property located at 5 Sunset was purchased in 1970 and remains vacant. The properties were purchased in the name of the husband and wife, Mr. and Mrs. Joseph Hegarty, Jr. In 1989 both properties were conveyed to Mrs. Hegarty and sons, Brian D., Paul J., Thomas P., Mark S. and John F. Hegarty. The property located at 5 Sunset Circle has been taxed as buildable since its original purchase 1 in 1970. g p In a letter dated November 19, 2001, Building Commissioner Wheeler informed Mr. Joseph Hegarty that he had determined to deny issuance of a building permit on the property located at 5 Sunset Circle because it was currently held in `contiguous ownership' with the property located at 1 Sunset Circle. I i! Mr. Govoni said that the By-law regarding contiguously owned lots was changed in 1985. He said that he used the state law, Chapter 40A section 6 t P o allow owners grandfathering protection, as long as ownership was changed within the five-year period from 1/1/85 to 1/1/90. No comments were received from abutters. Mr. Borgeson moved to determine that the property located at 5 Sunset Circle is a separate and buildable lot, due to the fact that the Petitioner separated ownership of the subject property within the five-year period from 1/1/85 to 1/1/90. Mr. Borgeson moved to determine that the subject property does not need a Variance from the lot size requirements. The decision is subject to payment of all taxes due on the subject property. Ms. Elizenberry seconded. All agreed. Chapman, Cole & Gleason Funeral Homes—Request a Modification to a Special Permit, SP-01-29, under Sections 174-25.E.6., 174-39, 174-51.B. and 174-82.A.4. of the Zoning i' By-laws for permission to add caretaker's quarters to the following: a mortuary, undertaking or funeral establishment, signage exceeding 20 square feet and parking spaces exceeding the minimum required within the Groundwater Protection District on properties located in a C-2 zoning district at 68 and 74 Algonquin Avenue (Map 72 Parcels 114 and 115) Mashpee, MA. Continued from April 24, 2002 to allow for Planning Board comments. Sitting: Edward M. Govoni, Richard T. Guerrera and Zella E. Elizenberr . Y A memo dated May 2, 2002 from Planning Board regarding the Petition states the following: "The Planning Board unanimously moved to recommend that the Zoning Board of Appeals DENY this Special Permit Modification request. The rationale for this recommendation is that this proposed use is ILLEGAL under the current zoning with the Town of Mashpee. The only circumstance in which the Zoning By-law allows a `caretaker residence' is specifically for self-storage facilities, which are