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Board of Appeals Cape Cod Ventures, Inc. — Jiffy Lube V-99-27
<br />Variance Criteria
<br />Section 10 of Chapter 40A requires that the permit granting authority determine
<br />that there are circumstances relating to the shape and topography which affect this lot and
<br />not the district in which it is located and that a literal enforcement of the By-laws would
<br />involve hardship to the petitioner.
<br />Specific Findings
<br />1. that a literal enforcement of the By-laws would involve hardship to the
<br />petitioner.
<br />2. that relief may be granted without detriment to the public good.
<br />3. that relief may be granted without derogating from the intent or purpose of the
<br />By-laws.
<br />4. the Board determined without relief the lot could not be used for a commercial
<br />purpose, the purpose for which it had been laid out and for which the balance
<br />of the lots in the area were being used.
<br />5. that other properties in the area do not conform to the 600 -foot frontage
<br />requirement
<br />6. that the applicant would have to purchase every lot from Bowden Road to
<br />Cape Drive in order to meet the frontage requirements.
<br />7. that the lot will consist of over 40,000 square feet, after dividing the lot into
<br />two lots and conveying the rear lot to Botello Lumber Yard.
<br />8. that the new use will conform to the 75 -foot setback and to all the other rear
<br />and side setback requirements.
<br />9. that the proposed construction will result in a substantial enhancement and
<br />improvement to the subject property.
<br />10. that taxes will be paid in their entirety on the subject property before issuance
<br />of any building permits.
<br />In view of the foregoing, the Mashpee Board of Appeals found that the applicant met
<br />the criteria necessary for the granting of a Variance. Upon motion duly made and
<br />seconded, the Board of Appeals voted unanimously on April 14, 1999 to grant a Variance
<br />of 392 feet from the frontage requirements and a Variance from the accessway
<br />requirements. The permit is conditioned upon compliance with plan entitled "Proposed
<br />Site Development, 60 Falmouth Road (Route 28), Mashpee, Massachusetts, Proposed
<br />Jiffy Lube Facility, FOR: Cape Cod Ventures, Inc., 1209 Pitchers Way, Hyannis, MA
<br />02601, By: Rand Associates Consulting, Inc., 495 Upham Street, Melrose, MA 02176".
<br />Being more specifically described as follows: "Sheet #1 of 1, Existing Conditions Plan,
<br />60 Falmouth Rd., Mashpee, MA., Dated February 22, 1999, Drawing No. 9907; Sheet 2
<br />to Sheet 3 of 9, Proposed Site Plan, Dated 3/1/99, Revised 3/24/, 3/28/99, Project No.
<br />938.35; Sheet 1 to Sheet 4 of 9, Drainage & Grading Plan, Dated 2/28/99, Revised
<br />4/8/99, Project No. 98.35; Sheet 2 to Sheet 5 of 9, Landscape Plan, Dated 2/28/99,
<br />Revised 3/22/99, 3/28/99, Project No. 98.35; Sheet 1 to Sheet 6 of 9, Sanitary System
<br />Plan, Dated 3/20/99, Revised 4/9/99, Project No. 98.35; Sheet 1 to Sheet 7 of 9,
<br />Miscellaneous Detail Plan, Dated 2/24/99, Revised 4/16/99, Project No. 98.35; Sheet 1 to
<br />Sheet 8 of 9, Sign Plan, Dated 2/24/99, Revised 3/29/99, Project No. 98.35; Sheet 1 to
<br />Sheet 9 of 9, Building Elevations, Dated 2/22/99, Revised 3/22/99, Project No. 98.35".
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