10/22/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Richard Harris 2 V-08-47 Yankee Land Surveyors from Marstons Mills, MA, dated April 8, 2008 and revised October 27, 2008. 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. GENERAL FINDINGS 1. that the subject property is located at 71 Ashumet Avenue and contains 23,062 square feet. SPECIFIC FINDINGS The Board determined that: 1. a literal enforcement of the By-laws would involve substantial hardship to the petitioner. 1. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by-law. 2. The topography of the lot causes a burden to the applicant if relief is not granted. hl view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on October 22, 2008 to grant a 6.9 foot variance.. Said variance is conditioned on plans from Yankee Land Surveyors of Marstons Mills, MA, dated April 8, 2008 and revised October 27, 2008.