06/23/2010 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Patricia M. Donnelly and Roger Schiffman 43 Driftwood Circle Mashpee, MA 02649 V-10-26 VARIANCE CRITERIA: Chapter 40A: Section 10 states: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting to grant upon petition with respect to particular land or structures a Variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. SPECIFIC FINDINGS: The Board determined that: 1. due to the odd shape of the parcel, a literal enforcement of the By-laws would involve substantial hardship to the Petitioner. 2. desirable relief may be granted without substantial detriment to the public good. 3. desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the By-laws. 4. there is adequate parking on the property. In view of the foregoing, the Mashpee Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on June 23, 2010 to grant a Variance of 8.4 feet from the rear setback requirements on the westerly side of the subject property to the corner of the deck. This Decision is conditioned upon compliance with Yankee Land Survey Co., Inc. plan entitled: "Plot Plan Of Land Located at: 43 Driftwood Cir. Mashpee, MA. Prepared for Patricia Schiffman May 28, 2009". 2