08/11/1999 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Christopher Burden V-99-60 3 Board of Appeals 22 East Way Ms. Jane Logan, an abutter at 20 East Way, also attended the meeting. Mr. Govoni confirmed that the Zoning Board of Appeals requested and received a copy of the linen plan as recorded in the Engineering Department of the Land Court in Boston. The linen plan has the notation"not a separate buildable lot" on the subject lots. The Board also researched the Planning Board's files. Mr. Govoni stated that the Zoning Board of Appeals did not have the information regarding the notation at the time that the Variance was granted to Mr. Priestly. Mr. Govoni suggested that the Mr. Burden petition the Planning Board or the Board of Appeals for approval before the Zoning Board of Appeals could rule on whether or not to grant a Variance. Mr. Hauck confirmed that the applicant must now request that the Planning Board have the subject lots deemed to be buildable. If the Planning Board denies the request,then the applicant can go before the Board of Appeals to request a reversal of that decision. Mr.Nelson stated that, according to the Land Court instructions of 1989, Page 37, item 4, a"Form B"may have been recorded along with the linen plan. He suggested that if the original"Form B"can be located, it may clear up any discrepancies between the plans filed in Boston Land Court and Barnstable County Registry of Deeds in explanation of the notation. No other comments were received from abutters. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant did not met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals moved to deny without prejudice a Variance from Sections 174-31 and 174-47 of the Zoning By-laws for permission to vary the frontage and lot setback width requirements on property located in an R-3 zoning district at 22 East Way.