06/23/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Doris K. Perillo, Trustee 4 Pond Street Mashpee, MA 02649 V-10-25 GENERAL FINDINGS: 1. the Town recently changed the address of the subject property from 131 Shore Drive to 4 Pond Street. 2. the subject property is located at 4 Pond Street and consists of 7,650 square feet of land. VARIANCE CRITERIA: Chapter 40A: Section 10 states: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting to grant upon petition with respect to particular land or structures a Variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds 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 subject property is a corner lot; therefore, a literal enforcement of the By-laws would involve substantial hardship to the Petitioner to meet the front setback requirements. 2. the subject property is not similar to other lots in the area. 3. desirable relief may be granted without substantial detriment to the public good. 4. desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the By-laws. 5. there is adequate parking on the property. In view of the foregoing, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on June 23, 2010 to grant the following: • a Variance of 4 feet from the front setback requirements from Pond Street. • a Variance of 3 percent from the lot coverage requirements. This Decision is conditioned upon compliance with J.K. Holmgren Engineering, Inc, plan entitled: "131 Shore Drive Mashpee, Massachusetts 02649 Prepared for James Callahan Sanitary Disposal System Repair Plan Date: 1-20-2010, Rev 2-12-10, 2-16-10, 3-11-10, 5-12-10, 5-17-10, 6-16-10." 2