1989 JAN-JUN-ZBA APPEALS - Laserfiche WebLink

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4. Plaintiff , James Kerrigan, is trustee for a parcel of land located at 18 Lettie Lane , Mashpee, Barnstable County, Massachusetts (Map 36 , Block 47C) . 5. Said parcel is part of a Mashpee Planning Board Approved Subdivision dated January 29 , 1970 (copy attached) . 6 . On prior occasions similarly situated trustees had sought building permits which were denied by the Building Commissioner due to the question of whether the lots were "grandfathered" . 7 . The issue of grandfathering, or protection under the Mashpee By-Law, was resolved in favor of the Trustees with the Commissioner and the Board of Appeals agreeing the lots were buildable , but, the issue of adequate access under Sect. 7 . 6 of the By-Law was unresolved. 8 . That appeal to the Board of Appeals of the Building Commissioner ' s decision was decided in favor of the Commissioner and on appeal under 40A was taken (see Sp. Ct. Case #89-205) . 9. Contemporaneously with that decision the Trustees were advised to seek a variance of 7 . 6 ; the Trustees did so asking the Board of Appeals to vary the requirement of 7 . 6 as it applies to Goodspeed Meeting House Road from Rte. 130 to their property line . 10. At the hearing the Trustees presented evidence that the subdivision itself (i .e . , Lettie Lane) met 7 . 6 and the portion of Goodspeed Meeting House Road that abutted the subdivision was widened to meet 7 . 6 and in fact the approved subdivision plan showed the roadways controlled by the petitioners met 7 .6 . 11 . The petitioners submitted facts and evidence as required by the Mashpee By-Law and C. 40A to enable the board to grant a variance . 12. The petitioners further submitted evidence indicating that an approved subdivision plan depicting the access is prima facia evidence that the Planning Board determined the access to be adequate . 13 . The Board relying on Fire Department correspondence requesting that Goodspeed Meeting House Road be widened and paved asked the petitioners to meet with the D.P.W. to SMITH aCormiouv.P.C. accomplish this (which would negate the necessity for the SUITE IC variance) . 2C0 MAIN STREET P.O.ORAWERU 14 . Applicant met with the D. P.W. and worked out an FALMOUTH.MASS,O2 1 agreement to widen and pave the road; at a subsequent hearing it was determined that the Town did not own the abutting land so TElEP110NE GOBI 546fi 161 the road could not be widened or paved.