Laserfiche WebLink
MASHPEE ZONING BOARD OF APPEALS <br /> Stephen R. Hanlon <br /> 491 Main Street <br /> Mashpee, MA 02649 <br /> V-10-05 <br /> VARIANCE CRITERIA: <br /> Chapter 40A Section 10 requires that the permit granting authority must determine: <br /> that owing to circumstances relating to the soil conditions, shape, or topography of such <br /> land or structures and especially affecting such land or structures but not affecting <br /> generally the zoning district in which it is located, a literal enforcement of the provisions <br /> of the ordinance or by-law would involve substantial hardship, financial or otherwise,to <br /> the petitioner or appellant, and that desirable relief may be granted without substantial <br /> detriment to the public good and without nullifying or substantially derogating from the <br /> intent or purpose of such ordinance or By-law. <br /> SPECIFIC FINDINGS: <br /> The Board determined the following: <br /> 1. that the circumstances relating to the steeply sloping topography affect the subject <br /> property and not the district in which it is located <br /> 2. that the topography of the subject property limits location of the proposed garage; <br /> therefore, a literal enforcement of the By-laws would involve substantial hardship <br /> to the Petitioner. <br /> 3. that relief may be granted without substantial detriment to the public good. <br /> 4. that relief may be granted without nullifying or substantially derogating from the <br /> intent or purpose of the By-law. <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for grant of Variance relief. Upon motion duly made <br /> and seconded, the Zoning Board of Appeals voted unanimously on February 24, 2010 to <br /> grant a Variance of 17.5 feet from the front setback requirements to allow for <br /> construction of a garage on the subject property, <br /> This Decision is conditioned upon compliance with Cape & Islands Engineering <br /> Plan entitled: "HSE.NO,491, MAIN ST. ROUTE 130, PROPOSED LOT COVERAGE_ <br /> 13%, PLOT PLAN OF LAND LOCATED 1N MASHPEE, MASS. PREPARED FOR <br /> STEPHEN HANLON, DATE: JAN.29,2010, SCALE: 1"=30'." <br /> 2 <br />