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MERRICK, LOUISON & COSTELLO, LLP <br /> ATTORNEYS AT LAW <br /> 67 BATTERYMARCH STREET <br /> BOSTON, MASSACHUSETTS 02110 <br /> TELEPHONE: (617)439-0305 <br /> FACSIMILE: (617) 439-0325 <br /> -wN"%,.inerriclde.com <br /> December 8, 2004 <br /> VIA FACSIMILE <br /> Mashpee Zoning Board of Appeals <br /> Mashpee Town Hall <br /> 16 Great Neck Road North <br /> Mashpee,MA 02649 <br /> Re: Petition for Special Pennit and Variance; Real Property Owned by Wayne <br /> MacKinnon, Located at 17 Cross Street,Mashpee. <br /> Dear Members of the Zoning Board of Appeals: <br /> You have requested my opinion as to whether the property which is the subject of Petitions <br /> for a Special Permit and Variance filed by James Flanders on behalf of the owner,Wayne <br /> MacKinnon, and identified as 17 Cross Street (Assessor's Map 128,Parcel 21) should be considered <br /> one or two lots under the Mashpee Zoning By-law for the purposes of said special permit and <br /> variance petitions. I note that the Petitions for Special Permit and Variance each assert that the <br /> subject lot has 120 feet in frontage, 50 feet in depth and an area of 9,000 square feet. As stated, <br /> these dimensional requirements appear to be inconsistent. <br /> Upon my review of deeds and plans within Mr. MacKinnon's chain of title, it appears that <br /> the subject property is comprised of two separate parcels: a 50 x 60 foot parcel, containing 3,000 <br /> square feet, and a second 50 x 120 foot parcel, containing 6,000 square feet. In the July 11, 1991 <br /> Deed conveying the subject parcels to Wayne F.MacKinnon and Regina O. Mackinnon, the <br /> description of Parcel 2 defines the southwesterly boundary as "by Rock Island Road, fifty(50) feet". <br /> This reference to Rock Island Road furthermore appears in the August 12, 1918 Transfer Certificate <br /> of Title relating to land owned by HenryP. Leonard and identified as Lot 18, from which Parcel 1 in <br /> the 1991 MacKinnon Deed (containing 3,000 square feet) was ultimately derived. Rock Island Road <br /> is also depicted on the Plan identified as "Subdivision of Lot 18 shown on Plan 6811B, Sh. 1, filed <br /> with Cert. of Title Number 578, Registry District of Barnstable County, Land in Mashpee, dated <br /> December 6, 1941,Frederick D. Wetherbee, Surveyor". <br /> Rock Island Road, as identified and depicted in the above-referenced documents, lies within <br /> twenty-eight (28) parcels of land identified as Lots 439 through 466 on a Plan entitled "Subdivision <br /> Plan of Land in Mashpee,Massachusetts", dated July 24, 1964, prepared by Hayes Engineering, <br />