02/24/1999 ZONING BOARD OF APPEALS Decisions

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STATEMENT The Apdpant is in the process of combining lots 8, 13 and 21 (hereinafter referred to as the "New Lot"s shown on Land Court Plan # 27901D ("Plan") (a copy of which is attached hereto as Exhibit A) and has an application pending before the Planning Board for that purpose. Village Way, as shown on said Plan is to be eliminated and lots 5, 6, and 14-20 inclusive are to be combined into a single lot as well. Because Lots 10, 11 and 12 (Chop `n Block) maintains rights in Oakwood Road as shown on said Plan, Oakwood Road will remain as a paper road. Only the Chop `n Block and the New Lot have rights of access over Oakwood Road. Moreover, because Chop `n Block currently accesses its Property directly off of Route 130, any improvement of Oakwood Road would be solely for the benefit of the New Lot. The New Lot comprises in excess of the required area for C-2 and, if Oakwood Road is built to at least 200 feet in length, will have sufficient frontage as well. In order to construct the road to full Subdivision standards, however, will constitute not only a significant burden to Mr. Fratus, but will constitute a needless destruction of natural vegetation for no legitimate purpose. Accordingly, the Applicant is requesting both the Zoning Board of Appeals and the Planning Board to relieve him of the burden of constructing Oakwood Road. While frontage on Route 130 is currently only 104 feet for Lot 8, if one calculates in the width of Oakwood Road as well, "frontage" on Route 130 approaches approximately 170 feet. Moreover, if one calculates the full layout of Oakwood Road the "frontage" approaches 197 feet. Accordingly, the Applicant seeks a variance from the frontage requirement set forth in Mashpee Zoning Bylaw § 174-31 of 200 feet in a C-2 District for the New Lot. Further, if the Board deems it proper to vary the provisions of Section 174-31 for frontage, the Applicant further requests relief from the setback requirements of Section 174-31, n.3 which requires the frontyard setback to be met on both sides of a corner lot. While the Applicant recognizes the need to maintain the frontage along Route 130, if Oakwood Road is to be merely a paper road, the Applicant requests that the New Lot be allowed to treat the Oakwood Road side of the lot as a sideline, or requiring only a 20 foot setback. In conclusion, the Applicant asks the Board to consider that any development of the New Lot, being in a commercial zone, will require a Special Permit from this Board. As a part of that review process, the Board may review the adequacy of access to the site and may rule at that time whether the driveway access to the proposed development is, perhaps, better located over the layout of Oakwood Road or elsewhere. By granting these variances, the Board is assured that any development of the property will be subject to their further review. Lo -I- Z a5 3k©wV BN �a�t suer