11/22/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Donald Ellis V-00-207 2 Board of Appeals • "that the proposal would be detrimental to the neighborhood". Attorney Souza said that there are more than 25 homes of similar size and construction in the neighborhood now and the proposed construction would fit in well with these other homes. Ms. Susan Larson, an abutter, said that she is opposed to the project because when she bought her home in 1988, she was told that Mr. Bornstein had donated the subject lot to the Audubon Society and that it was unbuildable. Ms. Lisa Burgess stated that the Petitioner purchased the subject property in good { faith and should be allowed to build a home on the property. 5 Y E Ms. Beverly Mitchell, an abutter, said that she is opposed to the proposal because the construction would be 16 feet from her property line and that septic system would be in close proximity to her well. Mr.Nelson said that side setback requirements are 15 feet He also said that the Board of Health has approved the proposed placement of the septic system and the plan indicates that it would be located at the farthest corner away from Ms. Mitchell's lot. The Board voted unanimously to continue the Petition until January 10, 2001 to allow the Petitioner an opportunity to determine if the 1987 ZBA Decision on the subject property had been filed at the Barnstable County Registry of Deeds. At the continued hearings on January 10, 2001, Attorney Thomas H. Souza represented the Petition and stated that the 1987 ZBA Decision is not on file at the Barnstable County Registry of Deeds. He submitted copies of Transfer Certificate of Title and the Deerfield Acres Declaration of Covenants Restricting and Protecting Open Areas. Attorney Souza submitted copies of the Planning Board's approval of the subdivision and all the lots in the subdivision, except for Lot 15, are buildable lots. r' Ms. Shaw, an abutter, said that Mr. Stuart Bornstein was the developer of the subdivision. She said that because Mr. Bornstein was denied a Variance on the subject property,the ZBA should deny the current owner. Ms. Shaw also said that property owners in the area bought their homes because they thought the subject lot was unbuildable. k 4 i Mr. Banks,the prospective buyer of the subject lot,hired Mr. Mackenzie, Zoning r Consultant,to conduct research on the lot. Mr. MacKenzie stated that the subdivision was developed by Messrs. Casey and Powers and was approved as a cluster subdivision, non-special permit, with a definitive plan in August 1972. The plan signed by the Planning Board on October 18, 1972 stated that the approval was unconditional, except for any notations on the Plan. The notations on the plan included the Covenant and that Lot 15 is an unbuildable lot. The subject lot is#30 on the subdivision plan. Mr. MacKenzie said that Mr. David Bailey,Assessor, confirmed that the subject lot has always been assessed as a buildable lot. There is also documentation on record at