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APPLICABLE ZONING AND ARGUMENT <br /> A <br /> This case is at best unusual and complex. Based upon the fact that some of the lots are B <br /> i <br /> i C <br /> impacted by more than one (1) Zoning District, C-2 and R-5 and that they have been the subject <br /> matter of litigation. <br /> RESIDENTIAL USE <br /> As one can see from the zoning map,Lots 1,2 and 3 are zoned residential and Lots 4,5, and <br /> I <br /> 6 are partially impacted by the commercial zone. That being the case,in addition to the Variance <br /> Relief previously granted(which the Applicants seek to reinstate),the owners of the lots impacted <br /> ii <br /> by the Commercial Zoning district seek relief to permit the residential use,since such use is not an ` <br /> allowed use. <br /> Given the fact that four (4) and possibly five (5) of these lots can be developed for ( ' <br /> residential purposes due to their location(completely or substantially)in the R-5 zoning district,it <br /> would make little practical sense to develop the lots substantially impacted by the C-2 zoning district <br /> for commercial use. To do so would be out of character with the prevailing use on Lettie Lane and <br /> act as a detriment to that neighborhood. <br /> The residential use is a lower impact use than a commercial use and as such, it would be <br /> more beneficial to develop all of the lots residentially. <br /> i <br /> Four (4) of these parcels of land, as previously stated,are subject to a Stipulation between <br /> the Town of Mashpee and the Applicants and/or their predecessors in title. That Stipulation <br /> authorized the construction of buildings on these parcels provided improvements are made at the <br /> i <br /> owners expense to Goodspeed Meetinghouse Road. There is no expiration relating to this <br /> Stipulation and as such, it is the Applicant's contention that it would be appropriate for the Board to <br /> re-issue the Variance Relief, which appears to have lapsed some time ago. <br /> It is unclear as to why Variance Relief was not sought or provided for in regard to Lots 5 <br /> and 6, however, if improvements are made consistent with the previous decisions, it would be <br />