01/10/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 10, 2001 7 Board of Appeals opportunity to research if 1987 ZBA Decision to Deny was recorded at the Barnstable County Registry of Deeds. Sitting: Robert G.Nelson, Richard T. Guerrera and Zella E. Elizenberry. Messrs. Regan and Govoni stepped down and left the room. Attorney Thomas H. Souza of Carter and Associates represented the Petition. The Board reviewed letters from abutters opposed to the proposal that were submitted just before the meeting started. Attorney Souza conducted research at the Barnstable County Registry of Deeds and submitted copies of Transfer Certificate of Title and the Deerfield Acres Declaration of Al Covenants Restricting and Protecting Open Areas. 4f4 P Mr. Nelson questioned if it was normal procedure for Town Hall records to be included in a Title Search. Attorney Souza replied that a Title Search would normally require a { search at the Registry. 4 Attorney Souza submitted copies of letter from the Planning Board approving the subdivision with a standard covenant and a release of that covenant. All the lots in the subdivision, with the exception of Lot 15, are considered buildable lots. The subject lot has been assessed as a buildable lot and there are two betterments on the lot. Mr. Nelson conducted his own research of the subdivision and stated that there are four developed lots with 60 feet of frontage each. The Petitioner is requesting only a 5-foot Variance from the frontage requirements to allow for construction of a single-family home on the subject lot. k« Ms. Shaw, an abutter, said that Mr. Stuart Bornstein was the developer of the subdivision. x She said that because Mr. Bornstein was denied a Variance on the subject property, the current owner should be denied. Ms. Shaw also said that property owners in the area bought their homes because they thought the subject lot was unbuildable. f Y Mr. Wheeler indicated that the subdivision is a cluster subdivision, non-special permit. Mr. Banks, the potential buyer of the subject lot, hired Mr. Mackenzie, zoning consultant, to conduct research on the subject lot. Mr. MacKenzie stated that the subdivision was developed by Messrs. Casey and Powers and was approved as a cluster subdivision, non-special permit, with a definitive plan in August 1972. The plan signed by the ;A Planning Board on October 18, 1972 stated that the approval was unconditional, except for any notations on the Plan. The notations on the plan included the Covenant and that Lot 15 is an unbuildable lot. The subject lot is #30 on the subdivision plan. Mr. MacKenzie stated that the subject lot is a buildable lot and that the Zoning By-law change in Chapter 40A, Section 6,protects the lot. He said that Mrs. Bornstein was the owner of the subject lot and conveyed all the lots in her possession.