06/09/1999 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee BOARD OF APPEALS 16 Great JVeck q(oad Arth Mashpee, Massachusetts 02649 Decision for a Variance RE: Charles W. Alexander V-99-43 89 Horseshoe Bend Way Map 40 Block 5 A Petition was filed on May 12, 1999 by Charles W. Alexander of Mashpee, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws to vary the frontage and lot size requirements on property located in an R-5 zoning district at 89 Horseshoe Bend Way (Map 40 Block 5) Mashpee, 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 May 21 and May 28, 1999, 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, June 9, 1999, at which time the following members of the Board of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson and Richard T. Guerrera. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Mr. Alexander represented his application and stated that the parcel, which is on the waterfront of Ashumet Pond, has been in his family since 1952. He submitted several deeds confirming that the land has remained in same ownership for 47 years. This is one of three parcels that Mr. Alexander owns in the area. He intends to sell the parcel in order to pay back taxes. Mr. Alexander clarified that he does not intend to build three or more homes on the one parcel. He is seeking Variance relief from the current frontage and lot size requirements in order to determine if the lot can be developed before he sells it. Mr. Alexander confirmed that he has been receiving separate tax bills for all three properties. Mr. Regan read letters from an abutter, Ms. Dorothy Hemingway, and abutters to Ms. Hemingway, Mr. and Mrs. John Chilingerian. The letters expressed approval of the Variance relief being sought by Mr. Alexander. Mr. John Skantz, an abutter, expressed concern that Mr. Alexander was seeking to divide the lot into two lots. Mr. Regan corrected Mr. Skantz and stated that Mr. Alexander is seeking verification from the Board, due to Zoning By-law changes, that the lot can be developed.