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REARDON' & THOMAS ATTORNEYS AT LAW CORNER OF BEARSE'S WAY AND BASSETT LANE POST OFFICE BOX 970 HYANNIS, MASSACHUSETTS 02601 JOSEPH J. REARDON (617) 771.4644 ' WILLIAM W. THOMAS ORLEANS OFFICE ADDRESS ALL CORRESPONDENCE TO HYANNIS ADDRESS 43 SOUTH ORLEANS ROAD BRADLEY J. BAILEY ROUTE 213 November 2, 1984 ORLEANS, MASS. 02633 (617) 2SS-3125 Manuel Costa, Chairman Board of Appeals Town of Mashpee P. O. Box 1108 Mashpee, MA 02649 RE: Leisure Village Dear Mr. Costa: I am in receipt of your request for a ruling on the validity of the approval issued to Leisure Village. I understand from you that the Board of Appeals approved this project on April 10, 1974 pursuant to Section 9.5 of the Zoning By-Law, issued a written approval therefofe and that the master site plan of the land was approved by the Planning Board. In 1978 the Town Meeting adopted Section 5.5 of the Zoning By-Law which states that "Any lot shown on a plan and lawfully in existence in compliance with the provisions of the Subdivision Control Law, Chapter 41 of the General Laws, as of January 1, 1977 may thereafter be built upon." It is important to observe the separate elements of Section 5.5. The lot in question must be shown on a plan as of January 1, 1977. The plan must comply with the Subdivision . Control Law (i.e.-Planning Board endorsement). The lot must be lawfully in existence as of January 1, 1977. If these criteria are met, then the lot may "THEREAFTER" be built upon pursuant to the zoning in effect when the approval was granted. Section 5.5 was intended to authorize the building upon any lot after January 1, 1977 if the lot met the criteria specified as of the base date of January 1, 1977. In applying Section 5.5 to the Leisure Village project, the critical date involved is January 1, 1977. Based upon what you have told me, on this date a plan eaxisted showing a lot of 264.41 acres. This plan was endorsed by the Planning Board pursuant to the Subdivision Control Law. Under Section 9.587 the approval by your board on April 10, 1974 gave the developer three (3) years to apply fora building permit or lose the approved status of the project. This three (3) year period expired April 10, 1977. On January 1, 1977 the Building Inspector would have been obliged to issue a building permit upon application of the developer as the approval was still valid. This is a critical date because Section 5.5 states that if the lot was lawfully in existence on January 1, 1977 it may thereafter be built upon. {