06/25/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Marilyn Marcelli 29 Melissa Avenue, (Map 21 Parcel 12) Mashpee, MA 02649 V-2014-28 Lot 2 is 1.35 acres in size and one yard short in frontage. The regulation came into effect after the lot was purchased in 1978 as buildable. The property was split off from another lot as early as 1930's-1940's. She stated there has never been any problem with emergency vehicles traveling down Melissa Avenue and it is privately plowed in the winter. She is requesting a 3.79 foot variance on the westerly side (frontage) and a 21,194 square foot land space variance. GENERAL FINDINGS: The subject property located at 29 Melissa Avenue consists of approximately 58,806 square feet. There were no abutters present. VARIANCE CRITERIA: Chapter 40A: Section 10. Variances The Board determined that the circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. The permit granting authority may impose conditions, safeguards and limitations both of time and of use, including the continued existence of any particular structures but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner. If the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse; provided, however, that the pen-nit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. If the permit granting authority does not grant such extension within thirty days of the date of application therefore, and upon the expiration of the original one-year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section. 2