11/14/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Kenneth Anderson V-01-118 2 Board of Appeals 195/203 Ashers Path West conditioning the Variance by requiring the property owner to upgrade and maintain the road in front of the subject property. Attorney Souza said that the Planning Board addressed that issue and referred to the notation on the Planning Board plan, which reads I"The maintenance of Ashers Path West shall be the responsibility of the lot owners until the road is accepted by the Town of Mashpee". Mr. Regan read a letter from Deputy Sheldon Hamblin, Fire Department, I expressing concern with the possibility of the fire department's inability to provide adequate service to the subject property on the unpaved road. Ms. Shirley Nurse Peters, an abutter at 206 Ashers Path West, objected and said that it is not her responsibility to improve the road "to make it comfortable for the new subdivision on Lowell Road". Ms. i Peters expressed approval of the project. Messrs. Nelson and Regan reminded Ms. Peters i that the Board must abide by the Town By-laws and stated that the Board is only looking for improvements to be made to the road that is directly in front of the subject property. No other comments were received from abutters. VARIANCE CRITERIA i 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 lots are located at 195 and 203 Ashers Path West and consist of 48,196 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the unusual shape and topography affect the subject lot and not the district in which it is located. 2. 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. the lot 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 of the By-laws. I. ii