02/09/2000 ZONING BOARD OF APPEALS Decisions

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I Mashpee Zoning Kevin F. & Judith Harrington A-00-24 2 Board of Appeals Attorney Murphy claimed that separation of the lots into separate ownership is only significant if it occurs before the increase in zoning. Attorney Murphy submitted a copy of a court case involving the Town of Falmouth. In part the case states: "and that no building permit was applied for by any plaintiff prior to early 1982... The Town thus correctly argues that each plaintiff applied for a building permit too late, i.e., after the expiration of the protection period". Mr. John Slavinsky of Cape &Islands Engineering said that at the Conservation Commission hearings earlier this month, it was revealed that the Building Department had conducted an intensive two-week deed search on the subject lot before issuing an opinion. No other comments were received from abutters. GENERAL FINDINGS 1. that the subject lot is located at 78 Spoondrift Way and consists of 26,384 square feet. SPECIFIC FINDINGS 1. that the lot is buildable as determined by a thorough deed search conducted by the Building Department. 2. that developing this lot would not be a violation of the Zoning By-laws. 3. Section 6, paragraph 4, sentence 1 of Chapter 40A applies to the lot. It reads: "Any increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the applicant did not meet the criteria necessary for the granting of an Appeal of the Decision of the Building Commissioner. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on February 9, 2000 to Deny the Appeal and to uphold the Building Commissioner's Decision regarding 78 Spoondrift Way.