05/26/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Eric M. Benway 2 Point Road V-10-19 f` GENERAL FINDINGS: that the subject property is located at 2 Point Road and consists of 8,300 square feet of land. VARIANCE CRITERIA: Section 10 of Chapter 40A requires that the special permit granting authority determine that owing to 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, 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 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 unusual shape of the parcel 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 proposal will not exceed the maximum 20% lot coverage requirements. 4. installation of the denitrification system on the subject property will be an improvement to the neighborhood; therefore, relief may be granted without substantial detriment to the public good. 5. the subject property is bounded by similarly-developed small parcels of land. 6. relief may be granted without nullifying or substantially 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 26, 2010 to grant the following Variance relief: • a variance of 24.2 feet from the front setback requirements. • a variance of 98.09 feet from the lot frontage requirements on Point Road. • a variance of 32,854 square feet from the lot size requirements. This Decision is conditioned upon compliance with the following: • Cape & Islands Engineering plan entitled: "Plot Plan of Land Located in Mashpee, Mass. Prepared for Eric Benway Date: Mar.16,2010 Scale: 1"=20' Proposed Lot Coverage= 18.6%." • that the two parcels will remain combined into one parcel located at 2 Point Road. c 2