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li <br /> Mashpee Zoning Minutes—January 12, 2000 7 ;;' <br /> Board of Appeals ' <br /> Mr.Nelson moved to grant the Modification of V-98-23. Mr. Regan seconded. All rN. <br /> agreed. <br /> Ar PUBLIC HEARINGS , <br /> f �r <br /> `' Mario DiPaolo—Requests a Variance from Chapter 40A Section 174-21 and Section <br /> 174-31 of the Zoning By-laws for permission to vary the frontage and lot size � <br /> requirements on property located in an R-3 zoning district at 121 Summersea Road <br /> (Map 105 Block 70)Mashpee, MA. <br /> Mario DiPaolo—Requests a Variance from Chapter 40A Section 174-21 and Section I ob <br /> '! <br /> 174-31 of the Zoning By-laws for permission to vary the frontage and lot size <br /> requirements on a non-conforming lot on property located in an R-3 zoning district y <br /> at 123 Summersea Road(Map 105 Block 69)Mashpee, MA. <br /> a Sitting: Edward M. Govoni, Zella E. Elizenberry and Richard T. Guerrera. Mr. Regan , <br /> tti stepped down and left the room. <br /> Mr. DiPaolo represented his application. Mr. Hauck stated that the Building Department + <br /> conducted a deed search that revealed that the subject lots have been under the same <br /> ownership from 1965 to the present. The undersized lots are not in the New Seabury <br /> special permit area. Mr. Hauck said that the two lots are now required to be combined ,I <br /> into one buildable lot under Chapter 40A because the owner failed to do anything with ►, <br /> a the lots within the five-year grace period that commenced in 1991. <br /> M <br /> Mr. DiPaolo presented a lengthy narrative and stated that he is 75 years old and lives in <br /> Alexandria,Virginia. He purchased the subject lots in 1965 and submitted copies of the ' <br /> deeds. Mr. DiPaolo said that he intended to build on the lots on Summer Sea Road in <br /> ' 1967; however,Mr. DiPaolo was sent to Vietnam to conduct research and development <br /> �1 <br /> F for the military. <br /> The Town of Mashpee has sent separate quarterly tax bills on the two subject lots for 35 <br /> years. The Peninsula Counsel, Inc. has also sent separate maintenance bills on the two <br /> s subject lots. Mr. DiPaolo has paid these bills for over 35 years and assumed that he <br /> owned two separate buildable lots. gd <br /> :Y When Mr. DiPaolo put the two lots on the market in August 1999, he discovered that he <br /> F only had one buildable lot. Mr. Jerry Epstein of REMAX attended the meeting and.stated <br /> that the value of the lots being combined into one lot would not be as valuable as the <br /> value of the lots being sold separately. k <br /> Mr. DiPaolo said that his lots are similar to all the other undersized, small lots on <br /> Summer Sea Road and the adjoining streets. <br /> Mr. Govoni asked if the lots had changed ownership since 1965 and Mr.Nelson <br /> questioned if the lots were exactly the same and if they were purchased at the same time. <br /> 4 <br /> 3 c <br />