07/11/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—July 11, 2001 3 Board of Appeals wr Attorney Wightman said that Mr. Blythe has always welcomed children in the area, most s , of whom are being supervised by their parents. Attorney Wightman said that you can't "legislate or regulate against accidents happening". He said that there are docks 4 everywhere and if an accident occurs, it will be Mr. Blythe's responsibility. No comments were received from abutters. Mr. Nelson moved to grant the Special Permit subject to: • same findings as the original Special Permit, SP-97-60. • that the Petitioner shall supply a true attest copy of the Agreement for ^; Judgment and that Agreement will accompany the ZBA Decision. • that the proposed construction shall be a shared facility together with the Petitioner and Mr. Ziegfried, his successors, heirs and assigns in perpetuity. • Canal Land Surveying plan entitled "Plan Showing Proposed Timber Pier, Ramp and Float, Lot 5E and Lot B, Wading Place, Mashpee, MA., April 23, 2001, Rev. 5/16-01, Project Number 91-009". Ms. Elizenberry seconded. All agreed. 1, Mr. Michael D. Crowe of Cayuga Avenue sent a fax dated July 10, 2001 requesting an informal hearing with the Board regarding the property located at Lettie Lane. F Mr. Crowe said that the subdivision dates back to 1970 and is located off Route 130. He said that the ZBA denied a request for a Variance because it was believed that the proposal fell under the jurisdiction of the Planning Board. The Superior Court ruled against that ZBA and found for the plaintiff. 4 Mr. Crowe proposes to pave and improve the road and bring water down the road and r asked the Board for its opinion on whether the original Variance could be reinstated. Mr. Brem asked what was Mr. Crowe's intention. Mr. Crowe said that he wanted to ' build the houses in that area. Ms. Elizenberry asked if he planned to subdivide. Mr. Crowe indicated that he didn't plan to subdivide. 0, Mr. Crowe asked if the lots had grandfather protection from the commercial zoning that ;fie g cuts right through the lots. Mr. Govoni said that Mr. Crowe might have to go to Town meeting to change the zoning of the lots from commercial back to residential. II E After much discussion, the Board informed Mr. Crowe to do his research and provide proof for the Building Commissioner that the subject subdivision was approved and that the lots have been held in separate ownership. The Board also suggested that Mr. Crowe engage the services of an attorney specializing in the area of real estate.