11/22/2000 ZONING BOARD OF APPEALS Decisions

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Play 18 04 09:07p p. 7 r Section 9.42 by changing a cluster development from an as of right use to one requiring a special permit for tracts consisting of a minimum of twenty acres:The May 1979 town meeting also amended Section 9.42 10. by deleting the minimum area exception for lots abutting open space, thus establishing a minimum area of 15,000 square feet for all lots in cluster developments. 21. In May.1979,the voters adopted Article 21,which changed the zoning district in which locus was situated from.R-1 to R-3. For lots located in an R-3 district,the Mashpee By-Law. required a minimum area of 40,000 square feet and 150 feet of frontage.8 i 22. By virtue of a deed.of Mr. Bornstein dated January 31, 1980, Shaw acquired lot 27(exhibits 13): Shaw is the registered owner of tot 27 on Certificate of Title No. 80840(exhibit 14). 23. Mr. Bornstein conveyed lot 36 to Gustas and Stephen E. Wayles(Wayles)by a deed dated April 17, 1980,and filed as Document No.264973(exhibit 15). Certificate of Title No. 81501 issued in the names of GuSras and Wayles as the registered owners of lot 36(exhibit 16)_ Most of the frontage of locus lies directly opposite lot 36 across Deerfield Road. 24. By a deed dated August 19, 1980,Mr.Bornstein transferred title to lots 25,26, 28 through 31,34,and 42 to Jamila A.Bornstein(Ms.Bornstein).(exhibit 17). The Registry District thereafter issued to Ms.. Bornstein Certificate of Title No. 82,570 (exhibit 18). 25. By letter dated March 31, 1982, a civil engineering firm reported to the Mashpee Board of Selectmen (Selectmen) that the"drainage at the foot of the hill near the end of Deerfield Road is totally inadequate for the amount of water wlxich runs along the road during storrns 'The stipulation does not disclose whether the vote to amend the zoning map occurred on May 7, 1979. 6