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a i <br /> Attorney Thomas H. Souza of Carter and Associates represented the Petition. The Board <br /> reviewed letters from abutters opposed to the proposal that were submitted just before the <br /> meeting started. <br /> Attorney Souza conducted research at the Barnstable County Registry of Deeds and <br /> submitted copies of Transfer Certificate of Title and the Deerfield Acres Declaration of <br /> Covenants Restricting and Protecting Open Areas. <br /> Mr.Nelson questioned if it was normal procedure for Town Hall records to be included <br /> in a Title Search. Attorney Souza replied'that a Title Search would normally require a <br /> search at the Registry. <br /> Attorney Souza submitted copies of letter from the Planning Board approving the <br /> subdivision with a standard covenant and a release of that covenant. All the lots in the <br /> subdivision,with the exception of Lot 15, are considered buildable lots. The subject lot <br /> has been assessed as a buildable lot and there are two betterments on the lot. <br /> Mr.Nelson conducted his own research of the subdivision and stated that there are four <br /> developed lots with 60 feet of frontage each. The Petitioner is requesting only a 5-foot <br /> Variance from the frontage requirements to allow for construction of a single-family <br /> home on the subject lot. <br /> Ms. Shaw, an abutter, said that Mr. Stuart Bornstein was the developer of the subdivision. <br /> She said that because Mr. Bornstein was denied a Variance on the subject property, the <br /> current owner should be denied. Ms. Shaw also said that property owners in the area <br /> bought their homes because they thought the subject lot was unbuildable. <br /> Mr. Wheeler indicated that the subdivision is a cluster subdivision,non-special permit. <br /> Mr. Banks,the potential buyer of the subject lot, hired Mr. Mackenzie, zoning consultant, <br /> to conduct research on the subject lot. Mr. MacKenzie stated that the subdivision was <br /> developed by Messrs. Casey and Powers and was approved as a cluster subdivision, <br /> non-special permit,with a definitive plan in August 1972. The plan signed by the <br /> Planning Board on October 18, 1972 stated that the approval was unconditional, except <br /> for any notations on the Plan. The notations on the plan included the Covenant and that <br /> Lot 15 is an unbuildable lot. The subject lot is#30 on the subdivision plan. <br /> t <br /> Mr. MacKenzie stated that the subject lot is a buildable lot and that the Zoning By-law <br /> change in Chapter.40A, Section 6,protects the lot. He said that Mrs. Bornstein was the <br /> owner of the subject lot and conveyed all the lots in her possession. <br /> Mr. MacKenzie said that Mr. David Bailey, department head of Assessing, confirmed <br /> that the subject lot has always been assessed as a buildable lot. There is.also <br /> documentation on record at the registry with betterments on the lot when the Town <br /> accepted the road as a public way in 1985. The Water Department letter stated that "all <br />