04/12/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning PAL Trust V-00-106 Board of Appeals 2 At the continued hearings on May 10, 2000, Mr. Regan announced that this is a Chapter 112 Hearing for non-payment of taxes. Ms. Megan Raymond of LEC Environmental Consultants represented the applicant and submitted a new plan with a full perimeter survey of the entire lot to establish the exact location of the property boundaries and the exact location of the proposed building. The Conservation Commission has approved pp ed the project. No comments were received from abutters. GENERAL FINDINGS 1. that the subject lot is located at 157 Monomoscoy Road and consists of 47,948 square feet. VARIANCE CRITERIA I 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. I I SPECIFIC FINDINGS i 1. that there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. I� 2. that a literal enforcement of the By-laws would involve hardship to the I Petitioner. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent orose of the pmP By-laws. 5. that the subject property is impacted by wetlands. !! In view of the foregoing,the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessaryfor the e granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on May 10, 2000 to grant the following: 1. a Variance of 30 feet on the easterly side of the lot. �I 2. a Variance of 46 feet on the westerly side of the lot. I I The Variance is conditioned upon compliance with the following: 1. Atlantic Design Engineers, L.L.C.plan entitled: "Proposed Site Plan for 157 Monomoscoy Road, Mashpee, MA 02649 Prepared for PAL Trust Jo P P b Number 1945.0 Date: I a e. February 29, 2000,Revised 3-15-00 and 5-8-00 . Ili 2. that the applicant shall make payment of all back taxes on the subject lot.