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10/09/2002 ZONING BOARD OF APPEALS Minutes
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10/09/2002 ZONING BOARD OF APPEALS Minutes
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appropriate to grant similar Relief to Lots 5 and 6, since Lots 2, 3 and 4 are further away from A <br /> Goodspeed Meetinghouse Road and it would be inconsistent to deny the right to build on lots <br /> B <br /> which would be using the same access. �+ <br /> CONTIGUOUS LOTS <br /> It appears that a determination had <br /> been made back i <br /> pp n 1989 that these lots were entitled to <br /> certain grandfathering protection. As such the only Relief sought or given related to the adequate <br /> i <br /> access issue. A recent examination of title does show that Lots 5 and 6 were held in separates <br /> ownership the last time these matters were before the Board some time in 1990 and were so held <br /> when the zoning changed. Through mistake or inadvertence,these two lots came into the same <br /> ownership. To avoid any concern relating to merger,notwithstanding that at the time the zoning i <br /> changed these lots were separately held the Applicants have applied for Variance Relief to develop f <br /> them separately. <br /> The lots in their current configuration would not present a detriment to the neighborhood <br /> , I <br /> or the Town as a whole. <br /> CONCLUSION <br /> Over these many years,the Applicants have continued to carry and pay a mortgage on the <br /> premises and have paid in excess of$40,000.00 in real estate taxes to the Town for six(6)residential <br /> lots and the adjacent undeveloped commercial parcel. To deny the Relief sought at this time would <br /> work a substantial harm on the Applicant and be contrary to the spirit and intent of the Stipulation <br /> between the Town and the property owners. <br /> Respectfully Submitted, <br /> evm , squire <br /> Dunning&Kirrane, L.L.P. <br /> P. O. Box 560 <br /> Mashpee,MA 02649 <br /> October 9, 2002 (508) 477-6500 <br /> i <br />
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