05/12/1999 ZONING BOARD OF APPEALS Decisions

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Town ofMashpee BOARD OF APPEALS 16 Great Xeck �kpad Xorth' Mashpee, Massachusetts 02649 Decision for a Variance RE: Sophie M. Gretchen V-99-41 389 Cotuit Road Map 22 Block 3B A Petition was filed on April 14, 1999 by Sophie M. Gretchen of Hyde Park, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the frontage and lot size requirements on property located in an R-5 zoning district at 365 Cotuit Road (Map 22 Block 3C) and 389 Cotuit Road(Map 22 Block 3B) Mashpec, MA. 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 April 23 and April 30, 1999, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpec Town Hall on Wednesday, May 12, 1999, at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Robert G. Nelson. This Decision is issued by the Masbpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Attorney Leslie-Ann Morse represented the applicant and stated that the subject properties are in the Old Timberland subdivision which was defined in 1967. Attorney Morse stated that she discovered that 15 of the 163 lots in the subdivision are owned either by the Town of Mashpee or the Land Conservation Trust. There are approximately 10 lots that have not been developed yet. All of the lots in the area are very small, ranging from 11,000 to 12,000 square feet. Attorney Morse submitted a copy of a deed confirming that the Gretchens have owned the properties since 1967 and have paid taxes on the two separate lots. Attorney Morse stated that in the late 1980's zoning changes eliminated protection for small lots. Mrs. Gretchen was unaware of the zoning change and assumed that she owned two lots since she was getting tax and.betterment bills on two separate lots. After Mr. Gretchen died and Mrs. Gretchen decided to sell the lots, she was informed by the Building Department that she now has only one buildable lot. 'Me Board moved to take the application under advisement until June 23, 1999 to determine if there are any other contiguously-owned lots in the area.