01/12/2005 ZONING BOARD OF APPEALS Minutes

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Masltpee Zoning Board of Appeals Herbert and Christine Bader • 2 V-05-08 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 that the subject property is located at 48 .tames Circle and contains 13,350 square feet. SPECIFIC FINDINGS 1. that there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. that relief may be granted without detriment to the public good. • 4. that relief may be granted without derogating from the intent or purpose of the By-laws. 5. that the subject property is impacted by wetlands. 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 January 12, 2005 to grant the following variances: ✓ a 66,650 square foot landspace variance ✓ a 75 foot frontage variance ✓ a 12 foot frontyard setback variance ✓ a 14 foot sideyard variance. The Variance is conditioned upon compliance with plans Cape & Islands Engineering, 0 dated November 30, 2004.