06/30/1993 ZONING BOARD OF APPEALS Decisions

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Board of Appeals - Fields Point Ltd. Partnership V-93-51 2 . 3 . that desirable relief may be granted without nullifying or derogating from the intent or purpose of the zoning ordinance or by-law. a . that desirable relief may be granted without detriment to the public good and will not create a significant regional impact . w The Board determined that the requirements of the Cape Cod Commission have created substantial hardships in the use of the land. The entrance to 151 North is required to be aligned with the entrance ,to Mashpee Commons . In addition, it is the requirement of the Cape, Cod Commission approval that . the buildings screen the parking lot . This hardship results from the shape of the parcel which dictates the location and the screening of the buildings as well as the access to the site. This parcel takes its frontage on the rotary as well as from Route 151 and Great Neck Road which make it unique in terms of its shape and location resulting in the need for the Variances in order to use the << property in a reasonable fashion for the purposes for which it is zoned. The Board found that there will be no substantial detriment to the public good in that the overall proposed development scheme involves buffers which exceed, in all other than the area adjacent to North Market Street, the minimum width required under the by-laws . The Board determined that the Variance is critical to the successful functioning of the site plan which contains many features which are in excess of the required land use regulations of the Town of Mashpee. Further, the present development scheme results in additional bike trails and open space to Mashpee, and significant off-site traffic improvements . The result is that the grant of this Variance does not derogate from the purpose and intent of the Mashpee ordinance .