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Town of Mashpee <br /> �� •�s <br /> ZONING BOARD OF APPEALS <br /> y. 16 greatJ�eck load Xorth <br /> Decision for a Variance Mashpee,Massachusetts 02649 <br /> Donald Ellis V-00-207 78 Deerfield Road <br /> Map 3 Block 27 <br /> A Petition was filed on October 16, 2000 by Donald Ellis of Wendell, <br /> Massachusetts for a Variance from Section 174-47.B.4 of the Zoning By-laws to vary <br /> the frontage requirements to allow for construction of a single-family home in a cluster <br /> subdivision on property located in an R-5 zoning district at 78 Deerfield Road(Map 3 <br /> Block 27) Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, . <br /> a newspaper of general circulation in the Town of Mashpee, on November 3 and <br /> November 10, 2000, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, December 13, 2000, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Robert G. Nelson, Richard T. <br /> Guerrera and Zella E. Elizenberry. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of a <br /> Mashpee Zoning By-laws. <br /> Attorney Thomas H. Souza from Carter and Associates represented the Petition ; <br /> and submitted a copy of the restrictive covenants for the subdivision. Attorney Souza <br /> said that Mr. Ellis purchased the lot in 1993 and planned to retire on the Cape in order to <br /> be close to his daughter. Due to his age and other extenuating circumstances,Mr. Ellis <br /> has been forced to sell the lot. Attorney Souza said that if the Board does not grant the <br /> small, 5-foot Variance, Mr. Ellis would be stuck with an unbuildable lot which would <br /> cause severe financial hardship for the elderly Petitioner. <br /> Mr. Banks,the potential buyer of the subject property, stated that the proposal <br /> meets the front, rear and side setback requirements. <br /> Mr. Nelson read letters from Anne T. Shaw, an abutter and Trustee of the <br /> Deerfield Acres Trust, and from Stuart Bornstein, former owner of the subject lot, in <br /> opposition to the proposal. The letters asked the Board to uphold the 1987 ZBA decision <br /> denying the request for a Variance from the frontage requirements. <br /> Attorney Souza referred to the 1987 ZBA Decision findings: <br /> • "that Mr. Bornstein created his own hardship". Attorney Souza said that Mr. <br /> Ellis purchased the subject lot in good faith and a search of title did not reveal any <br /> restrictive covenants on the lot. <br />