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r__1 <br />L J <br />• <br />C7 <br />Mashpee Zoning <br />Board of Appeals <br />2 <br />VARIANCE CRITERIA <br />Robert and Priscilla Allen <br />V-05-02 <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. there are circumstances relating to the unusual and elongated shape and <br />sloping topography that affect the subject lot and not the district in which it is <br />located. <br />2. the subject property fronts on Popponesset Bay and is impacted by wetlands. <br />I the proposal is a permissible use and the Board has granted a Special Permit. <br />In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br />Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly <br />made and seconded, the Zoning Board of Appeals voted unanimously on January 12, <br />2005 to grant a Variance of 16 feet. The Variance is conditioned upon compliance with <br />plans from Cape & Islands Engineering, plan no. 112204, dated November 22, 2004. <br />