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Mashpee Zoning <br /> Board of Appeals Stephen Petrucci <br /> 2 V-09-06 <br /> GENERAL FINDINGS <br /> 1. the property is located at 92 Waterway and contains 9,400 square feet. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the shape and topography affect the subject property and not the district in <br /> which it is located. <br /> 2. the granted variance would not have a detrimental effect on the subject <br /> property or those surrounding the property. <br /> 3. Conservation Commission has approved the proposed plans. <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> applicant met the criteria necessary for the granting of a Variance to the wetlands. Upon <br /> motion duly made and seconded, the Zoning Board of Appeals voted unanimously to <br /> grant a 30-foot Variance to the wetlands. The Variance is conditioned on compliance <br /> with plans from Cape & Islands Engineering, dated February 23, 2009. <br />