1988 JAN-JUL-ZBA APPEALS - Laserfiche WebLink

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Attachment "A" 14 . Through surveyor error, the necessary 200 . 00 frontage was not given to Lot 24 at the time when the current subdivision plan was presented to and approved by Mashpee Planning Board. The date of ,agproua.1: by.;t-he P anp•ing Board was April 17 , 1985 and the plan -.s recor3�d:` in �Sarn`tt :1 e, ,: egi5try of Deeds in Plan Book.`411•; 'Page 73. (Five copies of said plan are submitted herewith as Exhibit "A" . ) On March 23, 1987 the prior owner of the subdivision conveyed various lots, including Lot 24 , to the petitioner. Said deed is dated March 9, 1987 and recorded March 24 , 1987 Barnstable Deeds Book 5622 , Page 293 . (See copy attached hereto as Exhibit "B" . ) Said deed conveyed Lot 24 and Lot 25 to your petitioner but did not convey Lot 23 nor Lot 26 . Lot 26 is owned by Henry Labute pursuant to a deed from the former owner dated February 18 , 1985 and recorded April 2 , 1986 in Barnstable Deeds Book 4995 , Page 215 . Lot 23 continues to be owned by the former owner, Richard Crowley, Trustee. Upon the discovery of the lack of minimum frontage by Mr. Crowley' s surveyor, Mr. Crowley was notified of the problem and the surveyor requested permission to correct the same by preparing a new plan taking frontage from Lot 23 and adding same to Lot 24 sufficient to give Lot 24 the necessary minimum frontage. Mr. Crowley rejected this request. A copy of a letter from The BSC Group to John F. Thibbitts dated April 14 , 1988 is attached to the petition as further background on this point. (Said copy is attached hereto as Exhibit "C" . ) Further, your petitioner has recently learned that Henry Labute died a short time ago and therefore any effort to correct the frontage problem of Lot 24 via cooperation from him is impossible. Through an innocent mistake of the former owner and your petitioner, Lot 24 was purchased in good faith as a conforming building lot in March of 1987 and said lot does conform to the necessary area requirement and any proposed building could easily comply with the front, side and rear set back requirements . Due to the surveyor' s mistake, without the affirmative action of the Mashpee Zoning Board of Appeals this lot will not be available as a separate conforming building lot which will cause the petitioner financial hardship and interfere with a pending real estate transaction involving Lot 24 . The requirements sought to be varied affect only Lot 24 and the requested relief will not substantially ' derogate from the intent and purpose of the Zoning By-Law and will not act as a detriment to the immediate neighborhood of Lot 24 .