10/27/1999 ZONING BOARD OF APPEALS Decisions

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4 - 4 Mashpee Zoning Lohr &Sons, Inc. V-99-92 2 Board of Appeals Mr. Slavinsky,the engineer for the project, stated that a 10-wheeler truck with a trailer and a backhoe had driven down Wessagusset Avenue and had no problem maneuvering in and out of the road. Mr. Borgeson stated that he drove through the neighborhood and confirmed that there is plenty of room for fire apparatus to access the proposed home. GENERAL FINDINGS 1. the subject lot is located at 19 Wessagusset Avenue and consists of 10,000 square feet. 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. SPECIFIC FINDINGS 1. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. that the Board determined that without relief the lot could not be used for a residence, the purpose for which it had been laid out and for which the balance of the lots in the subdivision were being used. 4. that the distance from the end of the paved road to the proposed construction is minor. 5. that the unpaved portion of the road is in good condition. In view of the foregoing,the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Board of Appeals voted unanimously on October 27, 1999 to grant a Variance to allow for construction of a single-family home on an unpaved road at 19 Wessagusset Avenue. The permit is conditioned upon compliance with plan entitled "SINGLE FAMILY RESIDENCE & PROPOSED SEWAGE DISPOSAL SYSTEM, Prepared for Lohr Construction, Hse. NO. 19 Wessagusset Ave,Mashpee—Mass., Cape & Islands Engineering, Date: May 25, 1999".