05/12/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Cormier's Route 151 Shell Station V-99-39 2 Mr. Regan read a letter from Mr. Bill McKay in favor of the project. Mr. Charles Alexander commented at the meeting that he also approves the project. No other comments were received from abutters. FINDINGS General Finding 1. the subject property is located at 375 Nathan Ellis Highway and consists of 34,545 square feet. Variance Criteria 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. General Findings I. the Board determined that there are circumstances relating to the shape and topography which affect the subject lot and not the district in which it is located. 2. the Board determined that a literal enforcement of the By-laws would involve hardship to the petitioner. 3. the Board determined that relief may be granted without detriment to the public good. 4. the shape and topography affect the subject lot and not the district in which it is located. 5. the subject property is impacted by wetlands. 6. the Board determined that without relief the lot could not be used for a commercial purpose, the purpose for which it had been laid out and for which the balance of the undersized lots in the area were being used. 7. the Board determined that the applicant does not need a Variance concerning the "green space". 8. the Board granted a Variance on the subject property in 1992 (V-92-66 and V-92-72). hi view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Board of Appeals voted unanimously on June 9, 1999 to grant the following: 1. a variance of 5,455 square feet from the lot size requirements. 2. a variance of 7 feet from the front setback requirements on Nathan Ellis Flighway. 3. a variance of 25 feet from the front setback requirements on Algonquin Avenue. 4. a variance of 105 feet from the accessway requirements. The permit is conditioned upon compliance with plans of Cape & Islands Engineering, Plan No. 031599, Date: Mar. 15, 1999, Revised 4/22/99 and 5/19/99.