05/22/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Merchant Financial Investment -NOA 96-37 2. Findings A. General: 1. 1973 Mashpee Zoning By-laws provided for cluster subdivisions approved by the Planning Board under the Subdivision Control Procedures authorized by Chapter 41 of the General Laws. 2. The Cluster Zoning required minimum lot sizes of 15,000 square feet. 3. The Mashpee Planning Board approved a cluster subdivision of Little Neck Bay(also known as Tide Run) on April 17, 1974. The subdivision plan was subject to the following covenants: a Conservation Easement to Jehu Pond to allow access for fishing; a road covenant and a Restrictive Covenant for Open Space which created all of the reserve areas in the subdivision. The covenants were filed on May 15, 1974 and the Conservation Easement and Restrictive Covenant for Open Space run in perpetuity. 4. The subject lot at 47 Waterline Drive South (Lot 52)was released for sale by the Planning Board on December 4, 1974 and is recorded on Land Court Plan 35464B filed with Certificate of Title 51944. y B. Specific Finding 1. The Board finds that the lots in the Little Neck Bay subdivision are protected by the cluster zoning and restrictive covenants and conform in size and setbacks to the current cluster zoning requirements of the By-laws. 2. Each lot in the subdivision is restricted in size and boundaries by the subdivision plan and conservation easements which run in perpetuity. " 3. Each lot has always been maintained as a separate buildable lot on the assessor's records. 4. The Board determined that the lot is a buildable lot. Upon motion duly made and seconded the Board of Appeals voted unanimously on May 22, 1996 to reverse the decision of the Building Inspector and approve the construction of a single family house on the subject lot per plans of Michael Grotzke revised April 24, 1996.