Laserfiche WebLink
` Board of Appeals Elmyma E. Nuey - V-96-45 2. <br /> FINDINGS: <br /> a. General <br /> 1. the subject property is located at 45 Orchard Road and contains 10,338 square <br /> feet. <br /> 2. the property is located on an unpaved road off of Orchard Road. <br /> 3. the lot has been maintained as a separate buildable lot on the assessor's <br /> records. <br /> 4. a fire hydrant is located within 250 feet of the subject lot. <br /> b. Variance Criteria <br /> Section 174-32 of the Town of Mashpee Zoning By-laws is designed to ensure <br /> that there will be proper and safe access to properties via roads capable of supporting <br /> emergency vehicle traffic. Section 10 of Chapter 40A requires that the permit granting <br /> authority determine that there are circumstances which affect this lot and not the district in <br /> which it is located and that a literal enforcement of the by-laws would involve hardship. <br /> c. Specific Findings <br /> 1. the dirt road access to this property has existed for more than thirty years and <br /> is accessible to vehicular traffic and typical of many unpaved roads in the <br /> Town. <br /> 2. the undeveloped lot is similar in size to one directly across the street which has <br /> been developed with a single family house. <br /> 3. the proposed use is also consistent with the neighborhood. <br /> 4. without variance relief the lot cannot be used for a residence, the purpose for <br /> which it had been laid out . <br /> 5. the Board found that a literal enforcement of the By-laws would result in <br /> substantial hardship to the owner. <br /> Upon motion duly made and seconded the Board of Appeals voted unanimously on <br /> July 24, 1996 to grant the Variance to allow construction of a single family home on <br /> property at 45 Orchard Road (Map 62, Block 4) with the condition that the dirt road be <br /> maintained for public safety. <br />