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MIy 18 04 09. 07p p. 10 <br /> requested in the Ellis petition (exhibit 2)." In the decision filed with the Mashpce Town Clerk on <br /> January 18,2001 (2001 decision),th"e ZBA found the following specific findings: <br /> "I, subdivision plan of record contains a notation that only Lot 15 is unbuildable. <br /> 2. reference to Lots 40 and 41 as being open space does not affect [locus]. <br /> 3. four lots in the subdivision with less than 60 feet of frontage each have houses on <br /> them. <br /> 4. 11 lots in the subdivision have less than 15,000 square feet. <br /> 5: the proposal meets front, rear and side setback requirements. <br /> b, the front line of the proposed building would be more than 75 feet from one <br /> property line to the other. <br /> 7. without relief[locus]could not be used for a residence,the purpose for which it had <br /> been laid out and for which the balance of undersized lots in the subdivision were <br /> being used: <br /> 8. the lot has been maintained as a separate buildable lot on the Assessor's Records <br /> and is subject to betterments from the Water District." <br /> Based upon those findings,the ZBA determined that a literal enforcement of the Mashpee By-Lativ <br /> would involve hardship to Ellis and that Elli s.met The criteria necessary for the granting of the frontage <br /> variance. <br /> 39. an or about November 7, 2001, Ellis granted an option to Banks for the <br /> purchase of locus(exhibit 55). <br /> 40. Should he exercise his option, Banks intends to constrict a single family <br /> residence on locus(project). The proposed residence would be situated approximately sixty-five feet <br /> from each of the houses on lot 29 and lot 31. The septic system on locus would be constructed in the <br /> southwesterly corner of locus in an area where the elevation current ranges from approximately fifty- <br /> six feet to approxirnatelysixty-four feet. The existing septic system is situated approximately twenty- <br /> five feet from the proposed septic system on locus(exhibit 3LB). <br /> j "Although plaintiffs named eight persons.as members of the ZBA, this court infers that the <br /> ZBA consists of three"permanent members and that the other five individuals are alternate <br /> members of the ZBA. <br /> 9 <br />