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Y <br /> COUNT II <br /> 31. The Plaintiffs reallege and reaver Paragraphs No. 1 through 30 of the complaint as if <br /> the same were specifically herein set forth. <br /> 32. The Town of Mashpee has adopted Zoning By-Laws pursuant to M.G.L. c. 40A, <br /> sec. 5. <br /> 33. The Zoning By-Law as adopted and amended imposes restriction on the use, <br /> enjoyment, improvement or development of land, including Locus, in said Town. <br /> 34. The Defendant, Donald Ellis, seeks to construct a single-family residence on Locus. <br /> 35. The proposed use of Locus as a building lot will have a direct and adverse affect on <br /> the Plaintiffs. <br /> 36. A controversy has arisen as to whether the Mashpee Zoning By-Laws prohibit the use <br /> and construction of such a residence even if the variance granted by the Zoning Board <br /> of Appeals is sustained. <br /> 37. The Land Court has exclusive jurisdiction to determine the extent a zoning by-law <br /> affects the proposed use, enjoyment, improvement, or development of the land at <br /> issue pursuant to M.G.L. c. 240, sec. 14A. <br /> 38. Locus is located in an R-5 Zoning district. In accordance with the Town of Mashpee— <br /> Land Space Requirements Table, (Located after Section 174-30 of the Zoning By- <br /> Laws) an R-5 zoning district requires 80,000 square feet of area and 150 feet of <br /> frontage for a buildable lot. In addition a lot, in accordance with Footnote 2 of the <br /> table, must maintain the frontage requirement through out the front yard depth unless <br /> it falls within the requirements of Footnote 1. (A copy of the Land Space <br /> Requirements Table is attached as Exhibit E) <br /> 39. Locus does not meet any of these requirements. <br /> 40. The Plaintiffs seek a determination from this court that the Town of Mashpee-Land <br /> Space Requirements including Footnotes 1 and 2 of the Zoning By-Law prevent <br /> Locus from being built upon even if the Variance issued by the Zoning Board is <br /> sustained. <br /> 41. The Plaintiffs believe and therefor aver that they and the named defendants are all <br /> parties having or claiming any interest,which might be affecting by any ruling of the <br /> court under these proceedings. <br /> � 5 <br /> j: <br />