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01/23/2002 ZONING BOARD OF APPEALS Decisions
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01/23/2002 ZONING BOARD OF APPEALS Decisions
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.... Town of Mash ee <br /> .•s Sry <br /> v <br /> h' 16 Great Xeck Pgad Jlrorth <br /> MASHPEE ZONING BOARD OF APPEAUF hpee, lWassachusetts 02649 <br /> Decision for a Variance <br /> RE: S.V. Raleigh Corporation V-02-17 486 &490 Main Street <br /> Map 27 Parcels 123 & 159 <br /> A Petition was filed on December 7, 2001 by S.V. Raleigh Corporation for <br /> a Variance from Section 174-43 of the Zoning By-laws for permission to reduce the <br /> required number of parking spaces in a commercial center on properties located in <br /> a C-2 zoning district at 486 and 490 Main Street (Map 27 Parcel 123 and Map 27 <br /> Parcel 159) Mashpee, MA. Owner of record of 486 Main Street: Lorraine M. Raleigh, <br /> Trustee. Owner of record of 490 Main Street: James Robert Vicino. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Cape Cod Times, <br /> a newspaper of general circulation in the Town of Mashpee, on January 7 and January 14, <br /> 2002, a copy of which is attached hereto and made a part hereof <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, January 23, 2002, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III <br /> and Robert G. Nelson. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> I Ii <br /> Ms. Eliza Cox and Messrs. Butler, Ojala and Raleigh represented the Petition. <br /> Attorney Patrick M. Butler of Nutter, McClennen& Fish stated that the Planning Board <br /> has given preliminary approval of the proposal and continued its hearing to allow the <br /> Petitioner an opportunity to receive grant of the Variance relief from the Zoning Board of <br /> Appeals. The Design Review Committee and Technical Review Committee have <br /> approved the project. The Petitioner has received the Development of Regional Impact <br /> Decision from the Cape Cod Commission. <br /> Attorney Butler referred to several unique features of the subject property, which <br /> create hardship for the Petitioner. An indentation on the southeasterly border of the <br /> subject property dictates the location of the proposed building and parking area. The <br /> unusual shape of the property determines the location of drainage areas and places <br /> substantial limitations on the placement of the proposed building and parking spaces. The <br /> soil conditions restrict the placement of the septic system. A large sink hole drops <br /> significantly in elevation in a short distance on the property, thereby creating a large <br /> unbuildable area on the property. <br />
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