02/26/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Alexander MacLellan 403 Great Oak Road (Map 126 Parcel 48) Mashpee, MA 02649 V-2014-08 VARIANCE CRITERIA: The Board notes the provisions of G.L. c. 40A, §10, which provide that a variance may be granted due to circumstances relating to soil conditions, shape or topography of land or structures which affect such land or structures but not the subject zoning district generally, a literal enforcement of the bylaw would involve a substantial hardship to the petitioner, and desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. In consideration of the physical characteristics and topographical conditions of the subject property, which includes the presence of wetland soils and the proximate location of bodies of water around the lot, together with the pre-existing nature of the dwelling on and roadway providing access to the lot, the Board finds that the applicant has established a hardship warranting relief from the provisions of Bylaw§174-31,that a literal application of said Bylaw to the subject lot would involve substantial hardship with respect to the applicant's reasonable use of the lot, and that the grant of a variance from the access roadway requirement of§174-31, as requested, would not derogate from the purpose and intent of the Bylaw, nor would it generate any substantial detriment to the public good. CONCLUSION: In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance under §174-31 of the Zoning By-laws (Land Space Requirement) and M.G.L. Chapter 40A §10 to deem lot buildable on property located in an R-3 Zoning District at 403 Great Oak Road (Map 126 Parcel 48), Mashpee, MA. Referencing a Board of Health plan; "Proposed Sewage Disposal System", prepared for Seamist Builders, HSE No. 403 Great Oak Road, Mashpee, Mass. dated February 26, 2004, Revised June 5, 2007 Label HSE Corners, drafted by Cape & Island Engineering, 800 Falmouth Road, Suite 301C, Mashpee, MA. File No. 159MA and approved comments from both Conservation and Board of Health Departments. 3