06/24/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Brickyard Marketplace Nominee Trust V-98-82 3 This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. FINDINGS General 1. the subject property is located at 93 Old Brickyard Road and 439 Nathan Ellis Highway and consists of over two acres of land, 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. Specific Findings I. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the by-laws. 3. the Board determined without relief the lot could not be used for a commercial purpose,the purpose for which it had been laid out. 4. that there are roads on four sides of the property, which is unique to this parcel. 5. that the property constitutes an entire block of land and has adequate frontage. In 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 October 28, 1998 to grant the following Variances from the setback requirements: I. variance of 46 feet, per plan of The Phoenix Group revised June 15, 1998, from Old Brickyard and Massasoit Roads, establishing a 29-foot setback. 2. variance of 37 feet beyond the allowable maximum extension requirement of 30 feet into the adjacent residential zoning district to be used for parking and driveway only. The permit is conditioned upon compliance with plans of The Phoenix Group dated May 15, 1998 and revised October 10, 1998.