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14. The Defendant, Marshall Brem, is a member of the Mashpee Zoning Board of <br /> Appeals and is sued in his official capacity with an address of 21 Harbor Ridge Road, <br /> Mashpee, MA 02649. <br /> 15. The Defendant, Jeremy M. Carter, with an address of 509 Falmouth Road, # 5, <br /> Mashpee, M A02649 is the applicant on a request for a variance filed with the <br /> Mashpee Zoning Board of Appeals being Case No. V-00-207. <br /> 16. The Defendant, Donald Ellis,with an address of 205 Morse Village Road, Wendell, <br /> MA 01379 is the owner of the real property located at 78 Deerfield Road, Mashpee <br /> that is the subject of the variance request filed with the Mashpee Zoning Board of <br /> Appeals in Case No. V-00-207. <br /> 17. The Defendant, Town of Mashpee, is a municipal corporation with an address of 16 <br /> Great Neck Road North, Mashpee, MA 02649 <br /> FACTS <br /> 18. The property located at 78 Deerfield Road, Mashpee, MA(hereinafter Locus) is <br /> shown as part of a cluster subdivision plan approved by the Mashpee Planning Board <br /> in August of 1972 and is Lot 30 on Land Court Plan 12101-D (Sheet 2). The property <br /> is also shown as Lot 27 on Mashpee Assessor's Map 3. <br /> 19. Locus contains 13,524 square feet and has 70 feet of frontage on Deerfield Road. <br /> 20. Locus is located in an R-5 Zoning District which requires a building lot is have <br /> 80,000 square feet in area and 150 feet of frontage. In addition a building lot must <br /> meet the lot width requirement. <br /> 21. The zoning protection afforded a subdivision plan under M.G.L. C. 40A, sec 6 has <br /> expired relative to the 1972 cluster subdivision plan. <br /> 22. The only"grandfathering" allowed under the Mashpee Zoning By-Law is that <br /> provided by M.G.L. c. 40A, sec 6. <br /> 23. The Mashpee Zoning By-Laws requirements relative to Lot size and frontage have <br /> increased since 1972. In addition a lot width requirement has been added. At the time <br /> of the increase Locus was held in common with two other lots. <br /> 24. In 1987, the owner of the property filed for a variance to the frontage requirement. <br /> The Mashpee Zoning Board of Appeals in Case No V-87-05-043 denied the request. <br /> (A copy of the Decision is attached as Exhibit C) <br /> 3 <br />