09/22/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Brett R. Field 659 Main Street Mashpee, MA 02649 V-10-36 No comments were received from abutters. GENERAL FINDINGS: The subject property is located at 659 Main Street and consists of 2.050 acres 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: 1. that owing to circumstances relating to the unusual triangular shape and the extremely sloping topography of the subject property, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise to the Petitioner. 2. because the existing building on Lot 3A is reasonably close to the 150-foot requirement, 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. 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 September 22, 2010 to grant a Variance from the Fire Protection access requirements to Lot 3A. This Decision is conditioned upon the following: • with the restriction that no additional construction will be performed on Lot 2A unless the driveway across Lot 2A is widened to 20 feet in compliance with the Planning Board Special Permit. • the Petitioner must notify both the Planning Board and the Zoning Board of Appeals of the above-referenced additional construction. This Decision is also conditioned upon compliance with Plan entitled: "Assessor's Map 13 Parcel 41, 43, 45 Plan of Driveway Easement Prepared for Brett Field Showing the Existing Driveway Lots 1A, 2A, 3A Main Street, Mashpee, MA. John P. Doyle Registered Land Surveyor July 23, 2010". 2