11/22/2000 ZONING BOARD OF APPEALS Decisions

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Maa4 18 04 09: 07p p. 9 , are now found in § 174-47 of the Mashpee Code. 34. For consideration of less than.$100.00, Ms. Bornstein conveyed locus to the Massachusetts Audubon Society,Inc.(Mass.Audubon)as evidenced by the deed dated:November b. 1989 (exhibit 22) and Certificate of Title No. 119535 (exhibit 23). 35. By mesne conveyances,Mitchell purchased lot 31 as evidenced by the deed of The Dime Savings Bank of New.York, FSB dated March 19, 1992 (exhibit 25). Mitchell holds Certificate of Title No. 126028 as the registered owner of lot 31 (exhibit 26). 36. By deed dated October 15, 1992,Mass.Audubon granted to Ellis title to locus in exchange for real estate located in Wendell (exhibit 27).9 The Registry District issued to Ellis Certificate of Title No. 129151 as the registered owner of locus. 37. On October 16,2000, Carter filed a petition for a variance on behalf of Ellis (Ellis petition)seeking a five foot variance from the seventy-five foot frontage requirement found in §-174-47.1.(4)of the Mashpee Code.10 38. The ZBA held duly noticed public hearings concerning the Ellis petition on . December 13,20 00,and on January 10,2001. Following the conclusion of the public hearings,three members of the ZBA voted unanimously to grant the five foot frontage variance(frontage variance) 'The deed to Ellis recited that"the value of the property being exchanged and the consideration herein is $15,000.00." 1°"Each lot shall have a minimum frontage of seventy-five(75) feet on a public or private street except as provided for under Note 1 of§ 174-31." § 174-47.B.(4). Note 1 of§ 174-31 provides as follows: "For lots where any,part of the front lot line is on an are of a curve with a radius of three hundred(300) feet or less, lot frontage may be measured along a straight line connecting the points of intersection' of the side lot lines with the minimum building setback line applicable to the lot under this bylaw." 8