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5] j1�l:I. l ;>'�;•::i ia ',`,: .;.lc�•`f r:o.1�:n ur' ar;•r.:�is 026:9 , r� r PETITION OF MARGO WHARTON , d/b/a FOR SPECIAL PERMIT CASE NUMBER SP-83- ¢ FINDING OF FACTS This is an application for a Special Permit filed by Margo Wharton d/b/a Telerental Video . The applicant seeks a Special Permit to use a building located at the New Seabury Rotary for the purpose of conducting a business consisting of TV , video , movie rentals and sales . � ` C A copy of the application for the Special Permit is annexed to { this decision . The application was filed with the office of the Town Clerk on December 15 , 1983. r 1 Notice of the hearing was published in the Falmouth Enterprise on December 6 &' 13, 1983and a copy of the notice is attached hereto . Board members present and voting on this application were Chairman Manuel E, Co§ta,�Jr . and members Xitrginila� T. Xandry and Michael Makunas . A public hearing was held on December 2l, 1983 at the Mashpee Town Hall . The applicant , Margo Wharton, was present to speak for the Special Permit application . The property is located on the New Seabury Rotary and is identified 4 as Parcel ,15 on Assessors Map 74 . The title reference is Book 1634 , Page 204 . The parcel is located in the C-1 business zone and contains 33, 780 square feet . The C-1 business zone requires a minimum lot size of 40 ,000 square `f feet, but this parcel in its present size pre-dates the creation of the C-1 business zone and the 40 , 000 square foot minimum lot size , 1 and therefore exists as a non- conforming lot . The Locus was formerly used for a great many years for the operation of 'a retail package store. This particular use was abandoned in 1982 , but two years have not yet expired from the date of discontinuance and therefore the non-conforming status of this lot has not been abandoned . The applicant has filed plans showing proposed landscaping , an architectural rendering of the exterior of the building, and a drawing showing the sign . These drawings provide specifications for the exterior appearance of the proposed use and building . They have been submitted to the Design Review Committee pursuant to the provisions of Section 9 . 6 of the Zoning By-Law and the y Design Review Committee has furnished an advisory opinion to the Board of Appeals indicating its approval of the submitted plans and drawings and specifications for the exterior appearance of the. grounds and structure . '1