01/08/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Davenport Realty Trust Board of Appeals Owner: Merry Meadow Enterprises, Inc. 2 V-03-14 • will be the tenants of this property. Mr. Mills explains the history of Merry Meadow Shopping Center. In 1974the project consisted of one lot referenced on Land Court Plan 33783-D, known as Lot 46. On or about June 4, 1985, Lot 46 was subdivided into eight lots known as Lots 87-94 and Cape Drive was created, all as shown on Land Court Plan 33783-I. Subsequently, on or about January 9, 1989, Lot 89 was subdivided into Lots 140 and 141 as referenced on Land Court Plan 33783-W. The lots that are the subject of this application for a Variance are Lots 90 and 141. At the time the above -referenced lots were created, they conformed to the zoning. Due to the changes in zoning over the past 15 years, the lots fronting on Route 28 have become pre-existing, non -conforming lots based upon the frontage requirement on Route 28. The parcels that are the subject of this application are Lot 90 on Land Court Plan 33783-I and Lot 141 on Land Court Plan 33783-W. The applicant noted that, relevant to the Board's consideration although not specifically within the Board's jurisdiction, is an effort by the applicant to create a new lot consisting of all of Lot 90 and a portion of Lot 141. The applicant indicated that this would make the pre-existing non -conforming Lot 90 less non -conforming by increasing the total square footage of the lot. The Board noted that it did not have jurisdiction over the redivision of the lots and could only address the issues pertaining to the application of the variance. The applicant further noted that the minimum lot frontage in a C-2 zoning district on Route 28 is 600 feet as referenced in 174-31 footnote 13. The applicant further went on to state that the lot as it presently exists is a pre-existing non -conforming having only 125 feet of frontage on Route 28, as referenced on the site plan and on Land Court Plan 33783-I. The applicant realizes that although the re -division of the lots would make them less non -conforming, it would necessitate a variance to meet the frontage requirements. No comments from abutters. GENERAL FINDINGS 1. that the subject property is located at 18 Falmouth Road and consists of 0 40,195 square feet.