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Town of Mashpee EXHIBIT B <br /> 16 Great Jlreck Toac1 Xortlz <br /> "ULS MASHPEE ZONING BOARD OF APPEALS.,'fIashpee,Massachusetts 0264.9 <br /> Decision for an Appeal <br /> RE: Kevin F. & Judith Harrington A-00-24 78 Spoondrift Way <br /> Map 112 Block 43 <br /> A Petition was filed on December 27, 1999 by Kevin F. & Judith Harrington of <br /> Mashpee, Massachusetts for an Appeal of the Building Commissioner's decision on <br /> property located in an R-3 zoning district at 78 Spoondrift Lane (Map 112 Block 43) <br /> Mashpee, Tva. (Owner of record: Susan Fort and Doris D. Salzer, Trs.) <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br /> newspaper of general circulation in the Town of Mashpee, on January 21 and January 28, <br /> 2000, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, February 9, 2000, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Edward 1�1. Govoni, Zella E. Elizenberry <br /> and Richard T. Guerrera. Mr. Regan stepped down and left the room. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A and the Town of Mashpee <br /> Zoning By-laws. <br /> i <br /> Mr. Harrington attended the meeting and was represented by Attorney Murphy, <br /> The Petition is for an Appeal of the Decision of the Building Commissioner that 78 <br /> Spoondrift Lane is a buildable lot. <br /> Building Commissioner William F. Hauck stated that a deed search revealed that <br /> the lots went into separate ownership under a Trust during the permissive zoning period <br /> in 1989. "`he Trustees are also named as beneficiaries. In 1989, permissive zoning <br /> allowed for two contiguously-owned lots that were of at least 10,000 square feet in size. <br /> A Corney Murphy stated that on February 11, 1985 the Zoning By-laws increased <br /> the minirnum lot size requirement to 40,000 square feet. He stated that Section 6 only <br /> protects an owner for five years from the date that the Zoning By-law increased the <br /> minimum lot size - February 11, 1985. Attorney Murphy said that the owner is not'. <br /> protected because the owner did not apply for a building permit within the five-year grace <br /> period afler 1985. <br /> ,j <br /> j;' <br />