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Mashpee Zoning Christopher Burden V-99-60 2 <br /> Board of Appeals 22 East Way <br /> Attorney Creedon stated that the plan in the Mashpee Planning Department has a <br /> handwritten notation that the subject lots are unbuildable. He submitted a certified copy <br /> of the plan as recorded in the Barnstable County Registry of Deeds which does not have <br /> the notation restricting the development of the lots. Attorney Creedon produced a copy <br /> of the Boston Land Court plan that shows the handwritten notation, "not a separate <br /> building lot", on the subject lots, as well as on 24 East Way which has been developed. <br /> An abutter, Corrine Wickel, stated that the pavement stops in fiont of her house at <br /> 111 River Road. She questioned how the subject lots will be accessed. <br /> Ms. Jane Logan, an abutter, questioned which court plan has higher authority. She <br /> also questioned why Mr.Burden has been paying taxes on"unbuildable lots" for several <br /> years if he considered the lots to be buildable <br /> Mr. Govoni stated that at the time that the Board granted a Variance on one of the <br /> lots deemed unbuildable,the Board was unaware of the restriction that appears on the <br /> Boston Land Court plan. Mr. Govoni stated that the Board would need to seek Town <br /> Counsel to determine which court plan has the final decree. <br /> Attorney Paul Attia attended the meeting. He is representing Donald Priestly, <br /> who owns the home located at 24 East Way. Attorney Lattia said that his interpretation of <br /> the plan is that once one of the lots had been built on, the other two could not be <br /> developed. <br /> Mr. Govoni moved to continue the hearing until October 13, 1999 to allow the <br /> Board opportunity to research the discrepancy between the plans as filed in Barnstable <br /> County Registry of Deeds and in the Boston Land Court. <br /> At the continued hearings on October 13, 1999,Attorney Dan Creedon <br /> represented the applicant and submitted a copy of a letter that he sent to Town Counsel <br /> seeking an opinion on the petitions for appeals and variances. <br /> Mr. Donald Priestly, an abutter at 24 East Way, alleged that Mr. Burden gave up <br /> his rights to develop the lots located at 22 and 26 East Way as part of the negotiation with j <br /> the Planning Board. Mr. Priestly stated that Mr. Burden has been paying taxes on the lots <br /> as "unbuildable lots" all this time, and that Mr. Burden should not be coming before the <br /> Zoning Board of Appeals to seek relief for the lots to be considered buildable after all <br /> these years. <br /> i <br /> i <br />