08/11/1999 ZONING BOARD OF APPEALS Minutes

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ir Board of Appeals Minutes—August 11, 1999 4 E Ms. Jane Logan, an abutter, questioned which court plan has higher authority. She asked €f g � � q p � �' if, since New Seabury developed the neighborhood,Mr. Burden could change the decision. Mr. Govoni stated that he wasn't sure and would need to ask Town counsel for advice on the appeal and requests for Variance. Mr. Govoni also stated that what complicates the matter is that the Board granted a Variance on one of the lots deemed unbuildable. At the time, the Board was unaware of the restriction that appears on the Boston Land Court plan. r Attorney Paul Lattia attended the meeting. He is representing Donald Priestly,who owns the home located at 24 East Way. The Board granted a Variance to Mr. Priestly for I• development of the lot that is situated between the two subject lots. Attorney Lattia :�„ claimed that the notation on the linen document that the lots are not buildable was part of the original development agreement between the Planning Department,the Town of Mashpee and the developer, Christopher Burden. He stated that he does not believe that , the Board can supersede what the Planning Department has approved as part of a development agreement unless the applicant goes back to the Planning Department and I asks for a modification of the original agreement. Mr. Dorgan questioned why Attorney Lattia was representing Mr. Priestly who received his Variance to build on 24 East Way. Attorney Lattia said that his interpretation of the plan is that once one of the lots had been built on,the other two could not be developed. Ms. Logan questioned why Mr. Burden has been paying taxes on"unbuildable lots" for several years if he considered the lots to be buildable . L fl 1 Mr. Govoni moved to continue the hearing until October 13 1999 to allow the Board opportunity to seek the following advice from Town counsel: _ 1. Does the Board have any jurisdiction in this case? : 2. Can the Board grant a Variance? ;r 3. Why do the plans differ? (the Boston Land Court plan shows the handwritten notation"not a separate buildable lot" and the plan recorded at the Barnstable County Registry of Deeds does not show the handwritten notation). 4. Should the applicant appeal to the Appeals Board? pp • Mr.Nelson seconded. All agreed. di a, OTHER BUSINESS h Charles Wilson—Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the lot coverage requirements to allow 26% lot coverage on property s,' located in an R-3 zoning district at 87 Uncle Edward's Road(Map 117, Block 211) Mashpee, MA. (Owner of record: Helen R. Alish.) �. At the Public Hearing on Wednesday, August 12, 1998,the Board of Appeals voted ' unanimously to'grant the Variance. The permit is conditioned upon compliance with :Eke. fi. + I . r c