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i <br /> Mashpee Zoning Minutes—February 9, 2000 6 <br /> Board of Appeals .411 <br /> :f The old section 5.5.3 protected the owners. In 1990,the Town amended the By-laws, k.10,` <br /> deleted 5.5.3 and replaced it with Section 174-21. Attorney Murphy stated that the courts ` P <br /> x do not look at the fact that the lots went into separate ownership. He said that the courts r, u� • , <br /> determine when a building permit is applied for in order to determine if a lot is buildable. ry <br /> y' Attorney Murphy stated that Section 6 is very similar to the old Section 5.5.3, but only <br /> a°. protects an owner for five years from the date that the Zoning By-law increased the "r <br /> minimum lot size-February 11, 1985 plus five years brings you to 1990. <br /> Mr. Govoni said that the Board has always interpreted the By-law to allow for <br /> grandfathering, a five-year grace period. <br /> S <br /> Mr. Hauck said that permissive zoning allowed for a 10,000 square-foot lot to be built on. <br /> When the lots went into separate ownership, sentence one of paragraph 4 in Section 6 �,;'�,►Y <br /> applied to the lots. ,f!q <br /> 1 <br /> Attorney Murphy said that the owner is not protected because the owner did not apply for <br /> a building permit within the five-year grace period after 1985. Attorney Murphy claimed <br /> that separation of the lots into separate ownership is only significant if it occurs before ",'' ' <br /> the increase in zoning. Attorney Murphy submitted a copy of a court case involving the <br /> Town of Falmouth. In part the case states: "and that no building permit was applied for ' <br /> by any plaintiff prior to early 1982... The Town thus correctly argues that each plaintiff <br /> applied for a building permit too late, i.e., after the expiration of the protection period". ' <br /> Attorney Murphy said that if a lot is not buildable for the grantor, it is not buildable for <br /> the new owner. � <br /> Mr. John Slavinsky of Cape & Islands Engineering stated that at the Conservation <br /> Commission hearings, it was revealed that the Building Department conducted an <br /> intensive two-week deed search before issuing an opinion. <br /> Mr. Guerrera expressed confusion with the Appeal. Mr. Govoni explained that Chapter <br /> 40A Section 6 protects the owner of the small lot. <br /> Attorney Murphy suggested that the Board ask Town counsel for its legal opinion on this '° <br /> matter. He further stated that the owner and the abutter would incur a great deal of <br /> expense pursuing this in a court of law. Mr. Govoni questioned the main reason for the <br /> Appeal. Attorney Murphy claimed that the lot is unbuildable and that developing this lot <br /> would be a violation of the Zoning By-laws. <br /> No comments were received from abutters. <br /> • � p <br /> Mr. Govoni moved to deny the Appeal. Ms. Elizenberry seconded. All agreed. w�*' <br /> Marshall A. Brem, et al Trustees—Requests a Special Permit under Section 174-2519 of <br /> the Zoning By-laws for permission to construct a pier, ramp and float on property located <br /> in an R-3 zoning district at 21 Harbor Ridge Drive (Map 104 Block 118)Mashpee, MA. <br /> orf <br /> sot <br />