03/27/2002 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Mashpee Zoning Joseph P. Hegarty, Jr. V-02-43 2 Board of Appeals At the continued hearings on May 22, 2002, Attorney Richard Z. Minassian i I it represented the Petition and was accompanied by Attorney Thomas Souza from Carter and Associates. Attorney Minassian stated that both properties located at 1 Sunset Circle and 5 Sunset Circle were conveyed to Mrs. Hegarty and sons, Brian D., Paul J., Thomas P., Mark S. and John F. Hegarty in 1989. Mr. Govoni stated that the By-law regarding contiguously owned lots was changed in 1985 and that Massachusetts General Laws Chapter 40A section 6 allows ownersprotection under the common lot exemption forji single and two-family use. Chapter 40A Section 6 reads: "Any increase in area, frontage, width, yard, or depth requirements of a zoning I; li,l illi' ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was III not held in common ownership with any adjoining land, conformed to then illi existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. Any increase in area, III frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date or for five years after I P January first, nineteen hundred and seventy-six, whichever is later, to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land I�'I and conformed to the existing zoning requirements as of January first, nineteen i hundred and seventy-six, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided that said five year period does not commence prior to January first, II' nineteen hundred and seventy-six, and provided further that the provisions of this I:'I Lltll sentence shall not apply to more than three of such adjoining lots held in common ownership. The provisions of this paragraph shall not be construed to prohibit a I ;I lot being built upon, if at the time of the building, building upon such lot is not l prohibited by the zoning ordinances or by-laws in effect in a city or town. In view of the foregoing and upon motion duly made and seconded the Mashpee Zoning Board of Appeals voted unanimously on May 22, 2002 to determine that the property located at 5 Sunset Circle is a separate and buildable lot. The Board also determined that the subject property does not need a Variance from the lot size requirements. Before a building permit can be issued, this Decision is conditioned upon I it Jill the Petitioner providing evidence that payment of all taxes on the property located at 5 Sunset Circle has been made. l} iI I i j. l III I I ' I I, it I l� I I I i