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MASHPEE ZONING BOARD OF APPEALS <br /> Catherine Penfornis Dupre <br /> 23 Porthole Drive <br /> Mashpee, MA 02649 <br /> V-10-22 <br /> 1 <br /> VARIANCE CRITERIA: <br /> Chapter 40A: Section 10 states: <br /> The permit granting authority shall have the power after public hearing for which <br /> notice has been given by publication and posting as provided in section eleven <br /> and by mailing to all parties in interest to grant upon appeal or upon petition with <br /> respect to particular land or structures a variance from the terms of the applicable <br /> zoning ordinance or by-law where such permit granting authority specifically <br /> finds that owing to circumstances relating to the soil conditions, shape, or <br /> topography of such land or structures and <br /> especially affecting such land or structures but not affecting generally the zoning <br /> district in which it is located, a literal enforcement of the provisions of the <br /> 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 <br /> substantial detriment to the public good and without nullifying or substantially <br /> derogating from the intent or purpose of such ordinance or by-law. <br /> SPECIFIC FINDINGS: <br /> The Board determined that: <br /> 1. a literal enforcement of the By-laws would involve substantial hardship to <br /> the Petitioner. <br /> 2. relief may be granted without substantial detriment to the public good. <br /> 3. relief may be granted without nullifying or substantially derogating from <br /> the intent or purpose of the By-laws. <br /> 4. there is adequate parking on the property. <br /> In view of the foregoing, the Zoning Board of Appeals determined that the <br /> Petitioner met the criteria necessary for granting of a Variance. Upon motion <br /> duly made and seconded, the Zoning Board of Appeals voted unanimously on <br /> June 9, 2010 to grant a Variance of 11.3 feet from the front setback requirements. <br /> This is conditioned upon compliance with John Z. Demarest Jr., P.L.S. plan <br /> entitled "SITE PLAN Locus: 23 Porthole Drive, Mashpee, MA Ref: Plan Book <br /> 227 Page 89 Plan Prepared for: Catherine Dupre Scale: 1" = 30' Date: <br /> 06/08/2010 Assessor's Map: 76 Parcel: 20". <br /> 2 <br />