05/12/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS John J. Paulding, Sr.,Trustee Makedo Realty Trust 64 Industrial Drive Mashpee,MA 02649 V-10-17 Mr. Nelson quoted the Findings from the Decision (V-07-20) rendered by the Zoning Board of Appeals in 2007. At the Public Hearings on January 24, 2007, the Board granted a Variance from the rear setback requirements to allow the Petitioner to construct a commercial building on the subject property. Mr. Nelson said that he does not see any change in the situation since that time. No comments were received from abutters. GENERAL FINDINGS: that the subject property is located at 64 Industrial Drive and consists of 1.910 acres of land. VARIANCE CRITERIA: Section 10 of Chapter 40A requires that the permit granting authority determine that there are 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, and therefore, a literal enforcement of the provisions of the ordinance or by- law would involve substantial hardship, financial or otherwise,to the petitioner, and that 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. SPECIFIC FINDINGS: The Board determined that: 1. the circumstances relating to the shape and topography affect the subject property and not the district in which it is located. 2. without relief from the setback requirements, a literal enforcement of the By-laws would involve substantial hardship to the Petitioner. 3. the subject lot is a corner lot. 4. the proposal meets all front and side setback requirements. 5. the proposal does not exceed the maximum 25% lot coverage requirements. 6. relief may be granted without detriment to the public good. 7. relief may be.granted without derogating from the intent or purpose of the By-laws. In view of the foregoing, the Zoning Board of Appeals found that the Petitioner met the criteria necessary for granting of a Variance. Upon duly made and seconded, the Zoning Board of Appeals voted unanimously on May 12, 2010 to grant a Variance of 19.9 feet from the rear setback requirements on the northerly side of the building. This Decision is conditioned upon compliance with Cape & Islands Engineering plan entitled: "Building No. 64 Industrial Drive, Proposed Site Plan Located in Mashpee, Mass. Prepared for Scott Jones. Date: Apr. 16, 2010, File: 205MA, Revd. May 10, 2010 Remove Parking Spaces." `r 2