08/08/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Jonathan H. Leach, VMD V-01-73 3 Board of Appeals SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the unusually narrow shape and sloping j topography (kettlehole) affect the subject property and not the district in which it is located. 2. due to the shape and topography of the subject property, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. relief may be granted without detriment to the public good. 4. relief may be granted without derogating from the intent or purpose of the By-laws. 5. the subject property abuts two roads. 6. the subject property is a land court parcel. 7. the Petitioner meets the frontage requirements and does not need a Variance from the frontage requirements. In view of the foregoing, the Mashpee Zoning Board of Appeals 1 s found that the III' 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 August 22, 2001 to grant a Variance of 34 feet from the setback requirements of the proposed building from Oakwood Road. 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 and landscaping. 2. before an occupancy permit will be issued, the Petitioner must comply with all requirements of the Technical Review Committee. 3. the Petitioner must submit to the Board a$7,500 Landscape and Performance r, Security. 4. Christopher Costa plan entitled"Site Plan for Dr. John Leach in Mashpee, Massachusetts, Date: 3/16/01, Revisions: 6/21/01, 7/13/01, 7/17/01, 7/18/01, ;. 8/03/01". l 5. the Petitioner must submit a revised and detailed landscape plan of the subject property that must receive Design Review Committee approval.