01/12/2000 ZONING BOARD OF APPEALS Decision

Home Browse Search

Town of Mashpee MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck Pgad Arth Mashpee, Massachusetts 02649 Decision for a Variance RE: Mario DiPaolo V-00-12 121 Summer Sea Road Map 105 Block 70 A Petition was filed on December 1, 1999 by Mario DiPaolo of Alexandria, ' Virginia for a Variance from Chapter 40A Section 174-21 and Section 174-31 of the Zoning By-laws for permission to vary the frontage and lot size requirements on property located in an R-3 zoning district at 121 Summer Sea Road(Map 105 Block 70) Mashpee, MA. rb'k 1 Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on December 24 and r° December 31, 1999, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, January 12, 2000, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Edward M. Govoni, Zella E.Elizenberry k and Richard T. Guerrera. Mr. Regan stepped down and left the room. f The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of F Mashpee Zoning By-laws. %.r Mr. DiPaolo presented a lengthy narrative beginning with his purchase of the subject lots in 1965. Mr. DiPaolo submitted copies of the deeds and said that he intended to build on the lots in 1967; however, he was sent to Vietnam to conduct research and development for the military. Mr. DiPaolo said that his lots are similar to all the other undersized lots on Summer Sea Road and the adjoining streets. .. Mr. DiPaolo assumed that he owned two separate buildable lots since the Town of Mashpee has sent separate quarterly tax bills on the two subject lots for 35 years. The } Peninsula Counsel, Inc. has also sent separate maintenance bills on the two lots. �9 Building Commissioner William F. Hauck stated that a deed search revealed that the subject lots have been under the same ownership since 1965. The lots are not in the New Seabury Special Permit area. Mr. Hauck said that the two lots must be combined ;}. under Chapter 40A because the owner failed to either sell the lots or put them under separate ownership within the five-year grace period that commenced in 1991. Mr. Govoni confirmed that many people were unaware that they were affected by the change in the By-laws in 1991.