09/24/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning r Board of Appeals Edward Keelan 2 c/o Allan Clapp V-03-129 Section 174-32 Fire Protection Access VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. GENERAL FINDINGS 1. that the subject property is located at 3 Keelan Way and contains about 16,000 square feet. SPECIFIC FINDINGS The Board determined that: 1. the unpaved road affects the topography of this lot and not the district in which it is located. 2. Fire Department apparatus and other emergency vehicles can safely access Keelan Way; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 3. the owners of the developed lots on Keelan Way maintain the unpaved road on a regular basis. 4. Keelan Way is accessible to vehicular traffic and is typical of many unpaved roads in the Town of Mashpee. 5. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on September 24, 2003 to grant a 18-foot variance from the Fire protection by-law. Crushed stone will be allowed for roadway access. Said variance is conditioned on plans from Cape & Islands Engineering, dated December 11, 1999, revised July 30, 2003, Plan No. 5121199 as prepared for Edward J. Keelan. •