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Town o,f Mashpee <br /> �t ( 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> i �5 <br /> 11 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> APPEAL OF THE BUILDING COMMISSIONER' S DECISION <br /> AP-2023-42 <br /> Petitioner, DEER Realty Trust, Doc.: 1476028 <br /> Janice Copp Burns, Trustee <br /> 363 Monomoscoy Road <br /> Map 120 Parcel 18 <br /> Mashpee, MA 02649 <br /> A Petition was filed on June 15, 2023 by Petitioner, DEER Realty Trust, Janice Copp Burns, <br /> Trustee requesting an Appeal of the Building Commissioner's Decision under M.G.L. Chapter <br /> 40A §§8 and 15. Petitioner disputes the Building Commissioner's determination that the lot has <br /> merged with 7 Cricket Way, and is entitled to a building permit on the basis that the lot is <br /> grandfathered under the Zoning Bylaw §174-21 (A), and M.G.L. c. 40A §6. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. <br /> Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation <br /> in the Town of Mashpee, on July 7, 2023 and July 14, 2023 a copy of which is attached hereto <br /> and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, August 9, <br /> 2023 at which time the following members of the Board of Appeals were present and acting <br /> throughout; Chairman, Ronald Bonvie, Sharon Sangeleer,Vice Chair, Board Member, Jonathan <br /> Furbush,and Associate Member, Charles Reidy. This hearing was continued from July 26,2023. <br /> Attorney Kirrane accepted to move forward with this hearing with the four members. <br /> Attorney Kirrane had asked the Building Commissioner for his determination that 363 <br /> Monomoscoy Road and 7 Cricket Way were separate buildable lots that had not merged. The <br /> Building Commissioner determined that there was common ownership and merger. Attorney <br /> Kirrane presented the application to the Board and were skeptical that these lots were separate. <br /> The Board offered to continue the hearing so the Attorney could provide the Board with <br /> supplemental information to present his case further. He submitted a letter dated August 4, 2023 <br /> that included case law that addressed three key points and evidence that supports separate <br /> ownership. <br /> 1 <br />