10/09/2002 ZONING BOARD OF APPEALS Decisions

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e 1: 20. The Town-owned property over which Goodspeed Meetinghouse Road passes is A identified on Assessor's Map 36 as Parcels 35, 41, 42,43, 44 and 45. B B 21. Section 174-32 of the Mashpee Zoning By-law provides as follows: C Fire Protection. To ensure that all buildings shall be accessible to Fire D Department apparatus by way of access roadways capable of supporting firefighting apparatus with an all-weather surface roadway,there shall be an unobstructed, paved access roadway of not less than twenty(20) feet with a vertical clearance of not less than thirteen(13) feet six (6) inches with all corners having a minimum inside radius of not less than twenty-eight(28) feet and a minimum outside radius of not less than forty-six (46) feet. Said access roadway shall be constructed to a point not less than one hundred fifty(150) feet from the I furthest point of any building on the lot. Where there is a lot with only a one- family dwelling and/or a residential accessory building, such access, where it lies within the lot, may be by a maintained all-weather surface driveway, constructed by any combination and manipulation of soils,with or without admixtures,which produce a firm mass capable of supporting fire apparatus in all weather conditions and having an improved surface width of twelve (12) feet and a cleared width of sixteen(16) feet. 22. On or about September 3, 2002, defendant Jane Curtis, as trustee of Meetinghouse Realty Trust, filed an application for a variance from Section 174-32 of the Town's Zoning By- laws to vary the fire protection requirements of the By-laws as the roadways serving 12 Lettie Lane so as to permit the construction of a single-family home on the property. 23. Public hearings on the matter were held by the Zoning Board on October 9, 2002 and November 13, 2002. 24. Section 10 of G.L. c. 40A requires that a permit-granting authority may grant a variance from the terms of the applicable zoning by-law if it finds: ... that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that the desirable relief may be granted without substantial detriment to the public good and without mollifying or substantially derogating from the interest or purpose of such ordinance or by-law. 6