1989 JAN-JUN-ZBA APPEALS - Laserfiche WebLink

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STATEMENT OF FACTS 5 . Plaintiff , James Kerrigan, is trustee for a parcel of land located at 30 Lettie Lane, Mashpee, Barnstable County, Massachusetts (Map 36 , Lot 47B) . 6 . Mr. Kerrigan applied for a building permit through his agent Meetinghouse Realty Trust to construct a single family dwelling on a nonconforming lot in a R-2 Zoning district, known as lot 2 , Lettie Lane , Mashpee , Massachusetts . 7 . The Building Department denied that permit without specific written or articulated reasons but indicated "zoning problems" , which appeared to mean the "undersized" lots weren ' t protected and Plaintiff filed an appeal from the decision of the Building Department to the Mashpee Board of Appeals . 8 . After a hearing held on November 30 , 1988 , the board denied Plaintiff ' s appeal claiming that Goodspeed Meetinghouse Road did not provide adequate access to Plaintiff ' s property because the road could not accommodate vehicle traffic , particularly fire fighting, police rescue and emergency vehicles as required by section 7 . 6 of the Mashpee Zoning By-Laws . 9 . In 1985, the zoning by-law for the town of Mashpee was amended to add section 7 . 6 which section provides in pertinent part: "to insure that all buildings shall be accessible to fire Department apparatus by way of access roadways capable of supporting fire fighting apparatus with an all-weather surface roadway, there shall be an unobstructed, paved access road-way of not less than 20 ' ft . with a vertical clearance of not less than 13 ' 6" with all corners and curves having a minimum inside radius of not less than 28 ' and a minimum outside radius of not less than 46 ' . Said access roadway shall be constructed to a point not less than 150 ' frz the furthest point of any building on the lot ." 10 . At the hearing the Building Department for the Town of Mashpee took the positi.:n that it will not issue any building permit for a lot unless is `:as access as defined by section 7 . 6 of the zoning by-law; the Building Con.missioner and the Board agreed that the lots were legal and protected under the Mashpee Zoning By Law. SMITH 6CONNOLLV SUITE 1 c 11 . Plaintiff cannot be denied a permit to build on his 2W MAIN STREET lots for lack of an adequate access , since the access , P.cDRAWER u Goodspeed Meetinghouse Road which is a town road, is not his FALMOUTH.MASS.0:541 property. Plaintiff has no control over the access road , since the Attorney General has ruled that towns are TELEPHONE 161'/1548.6161