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Mashpee Zoning <br />Board of Appeals Carol Kelley <br />- -, 2 V-08-46 <br />GENERAL FINDINGS <br />1. the property is located at 174 Captains Row and contains 18,761 square <br />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 20.2-foot Variance to the wetlands. The Variance is conditioned on compliance <br />with plans from Bennett Engineering of Sagamore Beach, MA, dated September 26, <br />2008. <br />