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08/24/1994 ZONING BOARD OF APPEALS Decisions
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08/24/1994 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Elizabeth R. Petti -N.O.A. 94-58 2. <br /> FINDING OF FACTS <br /> General <br /> 1. Lot 6 (Map 117, Block 182)is a 6,500 square foot lot with 65' frontage located at <br /> 88 Uncle Percy's Road. It is adjacent to two other lots owned by Elizabeth Petti - <br /> Lot 7 (Map 117, Block 181) on which a house exists and a vacant lot --Lot <br /> 8, (Map 1]7, Block 180). <br /> 2. Lot 6 was originally created by a 1946 subdivision plan#11408H of the <br /> Popponesset Corporation. <br /> 3. Lot 6 was owned by Paul J. Moriarty from 1956 to March 11, 1975. <br /> 4. Mashpee Zoning was adopted in November, 1959. The first zoning for Lot 6 was <br /> R-75 which required minimum lot size of 7,500 square feet and minimum lot <br /> frontage of 75'. <br /> 5. As a result of the adoption of Zoning in the Town of Mashpee Lot 6 became a <br /> legally non-conforming lot. <br /> 6. Lot 6 was purchased by Rosina E. Petti and Elizabeth R. Petti on March 11, 1975. <br /> 7. Lot 6 has been maintained as a separate lot on the Town Assessor's records. <br /> SPECIFIC FINDINGS <br /> 1. Lot 6 was held in ownership separate from the other Petti lots at the time it <br /> became non-conforming in 1959. It was owned by Paul J. Moriarty. Lots 7 and 8 <br /> were owned by Alfred V. Boursy and Marie E. Boursy. <br /> 2. It is the opinion of the Board that Lot 6 was a validly protected separate lot in <br /> 1975 when it was purchased by the Pettis. <br /> 3. It is the opinion of the Board that Lot 6 has been maintained as a separate lot and <br /> is entitled to be built upon. <br /> Upon motion duly made and seconded, the Board of Appeals voted unanimously <br /> on January 11, 1995 in favor of the Applicant and determined that the Decision of the <br /> Building Inspector should be reversed. <br />
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