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MEMORANDUM CONCERNING ZONING ISSUE <br /> PRESENTED IN LOTS 23, 31, & 52 WILANN ROAD <br /> IN MASHPEE, MASSACHUSETTS <br /> ISSUE PRESENTED <br /> Are the checkerboard lots deeded to Hamurco Realty Corporation and $unset <br /> of Mashpee Trust, on January 17, 1985, as shown on the Subdivision Plan dated <br /> November 29, 1966 entitled, "Plan of Land in East Mashpee, Mass. for Robert W. <br /> Bright et ux" , lawful building lots as they now exist, or are they subject to <br /> the 22,500 square foot area requirement and the 125 foot frontage requirements, <br /> as amended by the Town Meeting of May 7, 1979? <br /> DISCUSSION <br /> The above-described 1966 Subdivision Plan is an approved subdivision plan, <br /> endorsed by the Planning Board on September 18, 1968. The lots shown on said <br /> Plan complied withthe Zoning By-Laws then in effect, which required minimun.are <br /> of 12,500 square feet and minimum frontage of 100 feet. <br /> On May 8, 1978, Section 5.5 of the Zoning By-Laws was added. That Section <br /> provided that "any lot shown on a plan and lawfully in existence in compliance <br /> withthe provisions:of the Subdivision Control Laws. . . .as of January 1, 1977, <br /> may thereafter be built upon for residential use". The lots shown on the 1966 <br /> Subdivision Plan complied with Section 5. 5 as they were (1) shown on an ap- <br /> proved subdivision plan, and (2) lawfully in existence in compliance with the <br /> Subdivision Control Laws and in compliance with the Zoning By-Laws in effect <br /> on January 1, 1977. The Zoning By-Laws had not changed from the date the Plan <br /> was endorsed to January 1., 1977, the date by which lots shown on a subdivision <br /> LAW OFFICE OF <br /> AECOY & O'CONNOR <br /> A 10 MACANTHUR BLVD. <br /> BOURNE, MA 02532 <br />