1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

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Board of Appeals Minutes - April 12, 1989 Page 4. Charles D. Spohr (cont.) • Mr. Sommerville presented Board members with the Massachusetts Small Dock and Pier Guidelines. He requested the Board to consider these guide- lines in making their decision. Mr. Makunas moved to take the petition under advisement. Mr. Govoni seconded. All agreed. Ms. Hawver explained "Advisement" to the audience and stated that the hearing was closed to additional testimony. James Curtis - (Owner of Record: Thomas R. Saunders) - Requests a Variance under Section 7.6 of the Zoning By-laws for permission to use Goodspeed Meetinghouse Road as access to property in an R-5 zoning district located at 4 Lettie Lane (Map 36, Block 47A) Mashpee, MA. Jane Curtis - (Owner of Record: Thomas R. Saunders) - Requests a Variance under Section 7.6 of the Zoning By-laws for permission to use Goodspeed Meetinghouse Road as access to property in an R-5 zoning district located at 30 Lettie Lane (Map 36, Block 47B) Mashpee, MA. James Kerrigan - (Owner of Record: Thomas R. Saunders) - Requests a Variance under Section 7.6 of the Zoning By-laws for permission to use Goodspeed Meetinghouse Road as access to property in an R-5 zoning distrct located at 18 Lettie Lane (Map 36, Block 47C) Mashpee, MA. • Nancy Kerrigan - (Owner of Record: Thomas R. Saunders) - Requests a Variance under Section 7.6 of the Zoning By-laws for permission to use Goodspeed Meetinghouse Road as access to property in an R-5 zoning district located at 17 Lettie Lane (Map 36, Block 47D) Mashpee, MA. Members sitting: Cheryl Hawver, Michael Makunas and Richard Halpern. Attorney John Connolly represented the applicants. He reviewed two earlier Appeals petitions for James Kerrigan which had been denied by the Board and are now in litigation. He explained that Mr. Kerrigan is also developing a Store S Lock on the adjoining commercially zoned lots and that Lots 5 and 6 on the plans have now been deeded into the commercial development. He presented plans stamped as a Planning Board Approved Subdivision. He stated that there have been a number of cases in the Commonwealth dealing with the issue of roads and access. He cited the case of Naska vs. the Board of Appeals of Medway. He said the decision stated that if there is a road shown on a plan stamped by the Planning Board, it is their statutory authority that determines whether or not the access to the Subdivision is legitimate. He said that Lettie Lane had been widened to 40' to meet zoning requirements and is paved. He stated that the hardship is specifically with respect to this parcel. •