12/13/2000 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—December 13, 2000 9 Board of Appeals Donald Ellis—Requests a Variance from Section 174-47.B.4 of the Zoning By-laws to vary the frontage requirements to allow for construction of a single-family home in a cluster subdivision on property located in an R-5 zoning district at 78 Deerfield Road ` (Map 3 Block 27)Mashpee, MA. Continued from 11/22/00—attorney had schedule conflict. Sitting: Robert G.Nelson,Richard T. Guerrera and Zella E. Elizenberry. Attorney Tom Sousa from Carter and Associates represented the Petition. The request is for a small, five-foot variance from the frontage requirements to allow for construction of a home on the subject property. Attorney Sousa stated that Mr. Ellis purchased the lot in f 1993 and planned to build a house and retire on the Cape in order to be close to his ih daughter who lives on Martha's Vineyard. Due to his age and other extenuating circumstances, Mr. Ellis has been forced to sell the lot. Attorney Sousa said that if the Board does not grant the Variance, Mr. Ellis would be i stuck with an unbuildable lot and that would cause severe financial hardship for the elderly Petitioner. Attorney Sousa also said that granting the Variance would not be detrimental to the neighborhood. Attorney Sousa said that the proposed construction would fit in.with the surrounding homes and would improve the neighborhood. l� Mr. Banks, the potential buyer of the subject property, addressed the Board and stated that the proposal meets all the setback requirements. He repeated that the request is for a small Variance from the frontage requirements. `'r•� Mr.Nelson read letters from Anne T. Shaw, Trustee of the Deerfield Acres Trust, and from Stuart Bornstein, former owner of the subject lot, in opposition to the proposal. The II letters asked the Board to uphold the 1987 ZBA decision denying the request for a Variance from the frontage requirements. li Attorney Sousa replied to the objections and referred to the 1987 ZBA Decision findings: • Mr. Bornstein created his own hardship. Mr. Ellis purchased the subject lot in good faith and a search of title did not reveal any restrictive covenants on the lot. • Detrimental to the neighborhood. There are 25 —30 homes of similar size and construction existing in the neighborhood now. Attorney Sousa submitted a copy of the restrictive covenants for the subdivision. In Paragraph 4, lots 40 and 41 are the only lots reserved for the open space area. V� Ms. Shaw said that after the By-laws changed, Mr. Bornstein was denied the Variance , and the Board should also deny this Petition. She said that if the Petitioner had gone to i the Building Department,he would have discovered the 1987 ZBA Decision. Mr. Nelson questioned if the 1987 ZBA Decision was filed at the Barnstable County Registry of Deeds.