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Board of Appeals Minutes -May 22, 1996 <br /> 2. <br /> denial was based on the determination by the Building Inspector that the ownership <br /> records on the lot were incomplete, <br /> Members sitting: E. Govoni, J. Regan, R, Nelson <br /> Engineer Michael Grotzke represented the applicant. He explained that the subdivision <br /> had been approved as a cluster in 1974 and all of the lots had been sold. He explained that <br /> the lots in question were originally under separate ownership and for one period in 1985 <br /> were jointly owned. <br /> George Darcy, an abutter, questioned who owned the lots and was informed they were <br /> owned by a limited partnership. Mr. Govoni stated that the cluster subdivision is <br /> protected more than a regular subdivision since the zoning on the size of lots has not <br /> changed. He said the subject lots were released for sale by the Planning Board on <br /> December 4, 1974 and are recorded on Land Court Plan 35464B filed with Certificate of <br /> Title 51944. <br /> He explained that all of the lots have covenants which run with the land inperpetuity, He <br /> moved to vote that the Little Neck Bay is an approved cluster subdivision and lots on the <br /> approved plan are separate building lots restricted in size and boundaries by Conservation <br /> easements which run in perpetuity. He also moved to reverse the decision of the Building <br /> Inspector and find that the subject lots are eligible for a building permit. <br /> William B. and Betspy Ga ebin-Request a Variance from Section 174-31 of the Zoning <br /> By-laws for permission to vary the frontage and lot size requirements to allow the <br /> construction of a single family home on each of two lots located in an R-5 zoning district <br /> at 46 and 50 Hilltop Road (Map 41, Blocks 68 and 69)Mashpee, MA. <br /> Members sitting: E. Govoni, J. Regan, R. Nelson <br /> Mr. Govoni stated that the Board had expected that Town Meeting would have acted on <br /> zoning articles to protect contiguous lots but this has not been done and the five year <br /> zoning protection on these lots expired on May 13, 1995. Mr. Govoni moved to deny the <br /> petition without prejudice. Mr. Nelson seconded. All agreed. <br /> Michael and Beth S Moskowitz - This will be continued to June 26, 1996 after <br /> Conservation hearing. <br /> Discussion-M. Grotzke reviewed a problem lot in Little Neck Bay where Great Oak <br /> Road has been constructed over part of the lot. The Board stated that a site visit was <br /> necessary to determine the bounds of the road. <br /> Mr, Nelson moved to adjourn at 8:30 P.M. Ms. Hawver seconded. All agreed. <br /> Elinor Walsh <br />