11/22/2000 ZONING BOARD OF APPEALS Decisions

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Mr. Bob Banks questioned why the neighbors are so opposed to the project. Ms. Susan Larson, an abutter, said that she sells real estate and that ignorance is no excuse for the Petitioner. She is opposed to the project because when she bought her home in 1988, she was told that the subject lot was unbuildable and that Mr. Bornstein had donated it to the Audubon Society. Ms. Larson went into a lengthy dialogue of neighboring lots and their recent selling prices. Ms. Lisa Burgess, also a realtor, stated that she is opposed to Ms.Larson's remarks. Mr. Burgess stated that the Petitioner purchased the subject property in good faith and should be allowed to build a home on the property. i i Mr.Nelson stated that the proposed house would be on the far corner and a considerable distance from Ms. Larson's house. Ms. Beverly Mitchell, an abutter, said that she is also opposed to the proposal because the li construction would be 16 feet from her lot line. Mr.Nelson said that side setbacks are 15 feet. She expressed concern with the placement of the septic system in close proximity to j her well. Mr.Nelson said that the Board of Health determines the placement of the septic system and that its location would be at the furthest corner away from Ms. Mitchell's lot. Ms. Shaw repeated her opposition to the proposal and that the Board should deny the request because Mr. Bornstein was denied in 1987. She said that nothing has changed 'I since then. 'I i Mr.Nelson stated that if the 1987 ZBA Decision was filed at the Registry, it would be a j matter of public record and a title examiner should have discovered that. Ms. Elizenberry moved to continue the Petition until January 10, 2001 to allow the Petitioner an opportunity to research whether or not the 1987 ZBA Decision was filed at the Barnstable County Registry of Deeds. Mr. Guerrera seconded. All agreed. 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. Cont.from 11/22 and 12/13/00 to allow counsel 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.