08/28/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals James G. Haidas- V-96-51 3. Specific Findings: 1. The lack of legal access is a hardship on the Applicant that particularly affects the site and is due to its shape and topographical conditions. The two abutting streets, in part, define the topography and are used to describe the lot. The manner in which the street right of way lines meet result in a condition where no driveway onto the lot is possible. This prevents the lot from being used and is a distinct financial hardship. 2. There will be no substantial detriment to the public good in allowing a driveway for a lot over 1 1/2 acres in size, in a commercial zone, that is shown on a plan approved by the Planning Board, and which is sufficient in size to contain a building and all required parking for a use allowed under the Zoning By-law. 3. The variance will not substantially derogate from the intent or purpose of the By-law because public safety will not be compromised with a maximum of three driveways on a dead end private way approximately 350 feet long. 4. The lot has existed as a commercially zoned parcel since the earliest zoning in Mashpee and prior to the construction of the condominium complex at the rear. 5. The lot received a Special Permit in 1988 for the construction of two commercial buildings and a Variance to allow access from Ryan's Way. 6. The variance for access from Ryan's Way will neither derogate from the intent of the Town of Mashpee By-law nor cause harm or detriment to the surrounding neighborhood.