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1. a literal enforcement of the By-laws would involve substantial hardship to <br /> the petitioner. <br /> 2. Desirable relief may be granted without substantial detriment to the public <br /> good and without nullifying or substantially derogating from the intent or <br /> purpose of the by-law. <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 10.5 foot sideyard setback <br /> variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted <br /> unanimously on April 27, 2005 to grant this to Petitioner. This variance is conditioned <br /> upon plans from Yankee Land Surveyors of Marstons Mills, MA, dated February 22, <br /> 2005, reference number 37587 —C—2. <br />