12/09/2009 ZONING BOARD OF APPEALS Minutes

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Sarah and Robert Biemer 14 Uncle Henry's Road V-09-35 GENERAL FINDINGS 1. that the subject lot is located at 14 Uncle Henry's Road and consists of 7,500 square feet. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the Petitioner. SPECIFIC FINDINGS The Board determined that: 1. there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. relief may be granted without detriment to the public good. 4. relief may be granted without derogating from the intent or purpose of the By-laws. 5. lot coverage will be well below the 20% maximum requirement. 6. there is adequate parking on the property. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on December 9, 2009 to grant a Variance of 3.6 feet from the side setback requirements. This is conditioned upon compliance with Cape & Islands Engineering Plan entitled: "Uncle Henry's Rd., Plot Plan of Land Located in Mashpee, Mass., Prepared for Robert Biemer, Date: Oct. 22, 2009. Scale: 1"=20% Cape & Islands Engineering, Mashpee Mass. David Charles Sanicki, 28085, Registered Professional Land Surveyor, Commonwealth of Massachusetts".