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Mashpee Zoning <br /> Board of Appeals Scott Romero <br /> 2 V-05-70 <br /> Dublirer votes against the matter. Evano Cunha votes in favor. Robert Nelson votes in <br /> favor. Motion carries by 4-1 vote. <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 /> GENERAL FINDINGS <br /> 1. that the subject property is located at 41 Captains Row and contains 12,160 <br /> square feet. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 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 Variance. Upon motion duly <br /> made and seconded, the Zoning Board of Appeals voted 4-1 on June 8, 2005 to grant a <br /> 46.47 foot frontage variance and a 67,840 square foot landspace variance. This is <br /> conditioned on plans from Carmen Shay of East Falmouth, MA, dated August 30, 2004. <br /> k <br />