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The proposed project being construct a. facility <br /> be operated by Cape Cod Fence Company on Lot-90 in its <br /> entirety, as well as a portion of Lot-Il <br /> There is a frontage deficiency in Lot-90. There is <br /> currently 12 feet of frontage; the frontage requirement on <br /> Route 28 is boo feet . Applicant has obtained a variance <br /> from the Zoning Board of Appeals subject to Planning Board <br /> approval of the re-subdivision plan. <br /> Attorney Mills spoke to the benefits of the proposed <br /> project, being the elimination of one-commercially zoned <br /> lot, substantial landscaping in the buffer area, <br /> enhancement to the existing curb cut to make .it more user <br /> friendly and grade changes , <br /> Attorney Mills requested the Board to waive the <br /> required frontage. <br /> The Town Planner explained, as is written in the staff <br /> Report, that according to case law frontage variances are <br /> illegal . To the best of his knowledge this particular <br /> variance has not yet been appealed (if not appealed, it <br /> _ . ,will stand), The Planan-ing �Boa-rd- has• -separate authority- - <br /> when approving a subdivision to waive the zoning <br /> conformance requirement. <br /> The matter currently before the Board is whether they <br /> are inclined to grant a waiver for frontage requirement in <br /> this matter. <br /> The Town Planner suggested Applicant consolidate the <br /> entire parcel into one lot, thereby avoiding the issue of <br /> frontage variance . <br /> The Chairman an recognized Dave Bri sbee, Vice President, <br /> Davenport Realty who stated they are looking to control <br /> their own destiny. They are not interested in <br /> oondorrminiumi ing. They have been under the impression that <br /> their proposal could be accomplished. They have expended <br /> quite a large sum of monies to date in an attempt to <br /> overcome the obstacles. <br /> Mr. Brisbee further stated they are seeking to own the <br /> land under which the .proposed project will be built. <br />