06/08/1994 ZONING BOARD OF APPEALS Decisions

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I ��t;TONy4 41�� Mobon of Aaobpee \i', %• 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 BOARD OF APPEALS Decision for a variance RE: Richardson H . Jonas - V-94-43 A Petition was filed by Richardson H . Jonas of Mashpee , Massachusetts On May 4 , 1994 for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the minimum lot area and frontage requirements in an R-5 zoning district on properties located at 32 . 37 , 38 , 42 , 52 , 54 and 59 Jonas Drive ( Map 37 , Blocks 203 , 204 , 205 , 206 , 207 and Map 46 , Blocks 73 and 75 ) Mashpee , Massachusetts . Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Enterprise, a newspaper of general circulation in the Town of Mashpee, on May 20 and May 27 , 1994 , a copy of which is attched hereto and made a part hereof . A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, June 8 , 1994 at 7 : 30 P .M. at which time the following members of the Board of Appeals were present and acting throughout : James E. Regan III , Cheryl A. Hawver and Arnold D . Mindick . Attorney Kevin M. Kirrane represented the Applicant and presented plans of an eight-lot subdivision which had been approved by the Mashpee Planning Board in October, 1985 . At the time of the submission of the Preliminary Subdivision Plan the property was situated in an R-2 zoning district which had a minimum lot size requirement of 22 , 500 sf . The lot size requirements in the Zoning District in which the property is situated have changed twice since the recording of the Subdivision Plan and now require a minimum lot size of 80 , 000 sf . The Board was informed that the owner has improved the property with a subdivision road but was unable to sell the lots prior to the expiration of the eight-year zoning freeze protection afforded under G .L. c . 40A Chapter 6 .