01/23/2002 ZONING BOARD OF APPEALS Decisions

Home Browse Search

1 e ' Mashpee Zoning Casey Tree & Landscaping V-02-21 2 Board of Appeals 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. GENERAL FINDINGS 1. that the subject properties are located at 8 Sassacus Road and 84 Algonquin Avenue and consist of 28,500 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the sloping shape and topography affect the subject lot and not the district ' J tm which it is located. 2. because the subject property is a corner lot and is fronted on two sides by streets, without relief the lot could not developed as a commercial lot, the purpose for which it had been laid out; therefore a literal enforcement of the � By-laws would involve hardship to the Petitioner. 3. the subject property has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, relief may be granted without derogating from the intent or purpose j of the By-laws. I� 4. the Petitioner met the criteria necessary for grant of a Special Permit to allow for the proposed commercial development on the subject property; therefore, relief may be granted without detriment to the public good. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on January 23, 2002 to grant the following: 1. a Variance of 20 feet from the setback requirements to Algonquin Avenue. Ali 2. a Variance of 24.5 feet from the setback requirements to Sassacus Road. 3. a Variance of 11,500 square feet from the land space requirements. The Variance is conditioned upon compliance with the following: 1. before an occupancy permit will be issued, the Design Review Committee must visit the subject property and confirm that the Petitioner complies with all the requirements of the Design Review Committee concerning the building i and landscaping. i l 2. before an occupancy permit will be issued, the Petitioner must comply with all f requirements of the Technical Review Committee. 3. the Petitioner must submit to the Zoning Board of Appeals a$5,000 Landscape and Performance Security. I' 4. Cape & Islands Engineering plan entitled `Site Plan of Land Located in Mashpee, Mass., Prepared for Casey Tree &Landscaping, Date: Oct. 26, 2001, Revision: 12/14/01' 5. Yarosh Associates, Inc. plan entitled `Casey Tree & Landscaping, 84 Algonquin Avenue, Mashpee, Massachusetts, Date: 11-01'. i