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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> (Owners) Robert W. Obrinsky, Luisa A. Simone, <br /> Rebecca A. Obrinsky, and Jessica L. Obrinsky <br /> 223 Wheeler Road (Map 49 Parcel 35) <br /> Mashpee,MA 02649 <br /> V-2015-47 <br /> VARIANCE CRITERIA: <br /> Chapter 40A: Section 10. Variances: <br /> The authority specifically finds that owing to circumstances relating to the soil <br /> conditions, shape, or topography of such land or structures and especially affecting such <br /> land or structures but not affecting generally the zoning district in which it is located, 1) a <br /> literal enforcement of the provisions of the ordinance or by-law would involve substantial <br /> hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief <br /> may be granted without substantial detriment to the public good and without nullifying or <br /> substantially derogating from the intent or purpose of such ordinance or by-law. <br /> In view of the foregoing, the Board determined the Variance Petition for 223 <br /> Wheeler Road did not meet the Variance criteria under §174-28 and §174-31 of the Zoning <br /> By-laws for relief from lot size and frontage. Upon motion duly made the Zoning Board of <br /> Appeals voted at the Public Hearings on Wednesday, December 9, 2015,three (3) three in <br /> favor, and two (2) against the variance because the requested lot size and frontage does not <br /> meet current zoning requirements. <br /> 3 <br />