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Mashpee Zoning Minutes—August 22, 2001 7 <br /> Board of Appeals <br /> r The subject property consists of 1.02 acres of land in a C-2 (commercial) zoning district <br /> with frontage on Main Street. The proposed use is allowed in a C-2 zoning district with <br /> `L grant of a Special Permit by the Zoning Board of Appeals. <br /> The proposed single-story building would be 3,888 square feet in size. All activity will <br /> be conducted indoors on a scheduled appointment basis. No boarding of animals is <br /> proposed. Traffic from the project would be minimal. The proposal meets the parking <br /> requirements. <br /> Variance Criteria <br /> "Section 10 of Chapter 40A requires that the permit granting authority determine that <br /> there are circumstances relating to the shape and topography which affect this lot and not <br /> the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner." <br /> '. Attorney Mullin addressed the requests for Variance relief from Section 174-31 of the <br /> , d <br /> Zoning By-laws concerning frontage and setback requirements. Because of the shape of <br /> the property, it lacks the required frontage of 200 feet on Main Street. The topography of <br /> ry the property presents a hardship because of a kettlehole on one side of Oakwood Road <br /> that drops approximately 30 feet over an 80-foot distance. <br /> Attorney Mullin also stated that Oakwood Road is a paper road and will probably never <br /> be constructed due to the kettlehole. However, Section 174-31 requires a 75-foot. <br /> setback from Oakwood Road. If the proposed construction were to conform to this <br /> setback requirement, the width of the building would have to be reduced to 14 feet, <br /> making the project an impossibility. Attorney Mullin asked the Board to find that the <br /> shape and topography are unique to the subject property and that a literal enforcement of <br /> �t <br /> the By-laws would involve hardship to the Petitioner. <br /> �f The proposal is an allowed use within a C-2 zoning district with grant of a Special Permit <br /> ` by the Zoning Board of Appeals. <br /> Special Permit Criteria <br /> § 9 of Chapter 40A requires: <br /> "that the permit granting authority determine that the proposed use and development are <br /> consistent with applicable law, rules and regulations; that there will be no adverse effect <br /> on public health or safety; that there will not be an excessive demand upon community <br /> r <br /> { facilities created as a result of the proposal; and that there willf not be a significant <br /> adverse impact on the environmental factors listed in Section 174-24.C.2. <br /> "§ 174-24.C.2 Special permit use <br /> A special permit may be issued only following the procedures specified by the General <br /> Laws and may be approved only if it is determined that the proposed use or development <br /> is consistent with applicable state and town regulations, statutes, bylaws and plans, will <br /> f not adversely affect public health or safety, will not cause excessive demand on <br /> community facilities, will not significantly decrease surface or groundwater quality or air <br /> ems' <br />