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i <br /> EXHIBIT B <br /> By letter dated December 2, 1999 the Mashpee Building Commissioner issued a <br /> ruling that Parcel 43 (Lot 171 as shown on Plan No. 11408-24 (Sheet 2)filed with j <br /> Barnstable Registry District of the Land Court) is a buildable lot. <br /> Applicant appeals the ruling on the following grounds: <br /> 1. Lot 171 contains only 26,384 square feet. <br /> 2. The minimum lot size required by applicable zoning is 40,000 square feet. <br /> 3. On February 11, 1985 Lot 171 (263 84 square feet) and abutting Lot 170 (17,840 <br /> square feet, also shown on Plan No. 11408-24)were held in common ownership <br /> by Doris Salzer. <br /> 4. On February 11, 1985 the new Mashpee Soning Bylaw became effective increasing <br /> the minimum required lot size to 40,000 square feet. <br /> 5. At that time Mashpee Zoning Bylaw Section 5.5.3 exempted the two lots from the <br /> increased minimum lot size. <br /> 6. However, effective May 7, 1990 Section 5.5.3 was replaced by the present Section <br /> 174-21 which recites "Nonconforming lots may be developed as allowed by MGL <br /> C. 40A Sec.6 as Amended." <br /> 7. C. 40A Sec. 6 differs from Section 5.5.3 in that it imposes a 5-year protection for II, <br /> such lots, beginning with the effective date of the zoning ordinance which <br /> increased the area requirement, i.e., February 11, 1985. <br /> 8. The lot owner(and her successors in title)failed to obtain a building permit within it <br /> five years after the effective date of the increased area requirement(February 11, <br /> 1985). <br /> evin F. Harrington <br /> 6 � <br /> 7u ' arrington <br /> II <br /> Ilh <br /> I , <br />