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12/9/1992 ZONING BOARD OF APPEALS Minutes
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12/9/1992 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
12/09/1992
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4 <br /> Board of Appeals Minutes - December 9 , 1992 5 . <br /> Mr . Friel explained that he was going to combine the four <br /> petitions for the one hearing since the issues were the same. <br /> Harry Hatzidis represented the petitions and said that he and <br /> his father split the lots in 1987 . They were formerly held <br /> jointly. There are now separate tax bills and deeds on the <br /> lots. He said he did not know there was a "window of <br /> opportunity" that lapsed in 1990 or he would have sold the <br /> lots or applied for building permits . He said there was no <br /> notification of zoning changes in the tax bills . He said he <br /> lived in Worcester and only came to the Cape some summer <br /> weekends . <br /> He explained that he and his father had buyers for their lots, <br /> pending receipt of building permits . He said the Variance <br /> requests were due to changes of zoning in the area. The lots <br /> are 11 , 250 sf with 75 ' frontage . <br /> Mr. Makunas reviewed the zoning and asked Mr . Hauck if the <br /> "window of opportunity" he had mentioned referred to the prior <br /> by-law that allowed three contiguous lots to be combined for <br /> two buildable lots . Mr . Hauck said that no one at Town <br /> Meeting knew what they were voting for . He said he was not <br /> happy with his finding but could not find a reason for <br /> granting relief and thought it should come before the Board. <br /> Mr. Hatzidis asked how owners are notified of zoning changes <br /> and Mr . Makunas explained that the Planning Board has to hold <br /> a public hearing which is advertised and that the Town Meeting <br /> notice is also advertised. Mr. Friel commented that a one <br /> line change had a dramatic effect on a lot of Town property. <br /> Mr. Makunas said that the Board could determine whether a <br /> Special Permit or Variance was needed. He believed that the <br /> use of the land could be granted by Special Permit and that <br /> the Variances could be granted for the setback requirements <br /> and that the Special Permit would grant the buildability of <br /> the lot . <br /> Mr . Makunas moved to grant a Variance for 309 Hoophole Road <br /> (Map 41 , Block 61 ) allowing a variance of 4' on the northerly <br /> side resulting in a setback of 21 ' and a 5 ' variance on the <br /> southerly side allowing for a 20 ' setback . He said lot size <br /> would be covered by the Special Permit. Mr . Friel seconded. <br /> All agreed. <br /> Mr . Makunas moved to grant a Variance for 311 Hoophole Road <br /> (Map 41 , Block 60 ) of 3' on the northerly side allowing a 22 ' <br /> sideline setback and 4 ' on the southerly side allowing a 21 ' <br /> side line setback . Mr . Friel seconded. All agreed. <br />
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