11/22/2000 ZONING BOARD OF APPEALS Decisions

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Ma_y 1H 114 uq a r7Rn P. Mas 1S 04 09:06p Court.= 11. As shown on the 1972 plan,locus contains 13,524 square feet with seventy feet of frontage on Deerfield Road on a curve with a radius of 256.11 feet, Lot 40,one of the two reserved f areas, forms the westerly boundary of locus. 12. Until 2002, locus was covered largely with heavy vegetation. 13. In 1972, locus was located in an R-1 zoning district,which required 22,500 square feet of area and 150 feet of frontage. 13. The lots shown on the 1972 plan were developed pursuant to Section 9.4 of the Zoning By-Law of the Town of Mashpee(Mashpee By-Law)as approved at a special town meeting held on August 4; 1971.' Provided that a party could meet the enumerated requirements, the first sentence of Section 9.42 stated as follows: '`Any provisions of Section 7 of this By-Law to the contrary notwithstanding the Planning Board may approve according to the Subdivision Control procedures authorized on [sic] Chapter 41 of the General Laws of a subdivision pian in [a] residential district fora tract of 10 acres or more in which some or all of the lots do not conform to specifically the lot area,frontage,setback,or yard requirements of Section 7 of this By-Law . . . „ um lot sizeof 15,000 square feet,except a lot abutting In particular,Section 9.42 10.required a minim open space required an area of only 10,000 square-feet. Additionally, Section 9.42 4. permitted a minimum !ot frontage of seventy-five feet, except if lots qualified under footnote 1 of Section 7.4. The footnote provided as follows: "Frontage may be measured at the front yard set back line if the street is an arc of a curve with a radius of 300'or less provided there be in any event not less than sixty 'The two reserved areas are designated lots 40 and 41 on Land Court Plan 12101°. f 'Unless otherwise noted, "Section" refers to a particular section of the Mashpee By-Lawn, I 4