02/09/2000 ZONING BOARD OF APPEALS Decisions

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Town o Mash ee �y. 16 Great Xeck load Xorth MASHPEE ZONING BOARD OF APPEAL Uashpee, Massachusetts 02649 Decision for an Appeal RE: Kevin F. & Judith Harrington A-00-24 78 Spoondrift Way Map 112 Block 43 A Petition was filed on December 27, 1999 by Kevin F. &Judith Harrington of Mashpee, Massachusetts for an Appeal of the Building Commissioner's decision on property located in an R-3 zoning district at 78 Spoondrift Lane (Map 112 Block 43) Mashpee, MA. (Owner of record: Susan Fort and Doris D. Salzer, Trs.) Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on January 21 and January 28, 2000, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, February 9, 2000, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Edward M. Govoni, Zella E. Elizenberry and Richard T. Guerrera. Mr. Regan stepped down and left the room. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A and the Town of Mashpee Zoning By-laws. Mr. Harrington attended the meeting and was represented by Attorney Murphy. The Petition is for an Appeal of the Decision of the Building Commissioner that 78 Spoondrift Lane is a buildable lot. Building Commissioner William F. Hauck stated that a deed search revealed that the lots went into separate ownership under a Trust during the permissive zoning period in 1989. The Trustees are also named as beneficiaries. In 1989,permissive zoning allowed for two contiguously-owned lots that were of at least 10,000 square feet in size. Attorney Murphy stated that on February 11, 1985 the Zoning By-laws increased the minimum lot size requirement to 40,000 square feet. He stated that Section 6 only protects an owner for five years from the date that the Zoning By-law increased the minimum lot size -February 11, 1985. Attorney Murphy said that the owner is not protected because the owner did not apply for a building permit within the five-year grace period after 1985.