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Mashpee Zoning <br /> Board of Appeals <br /> 2 Patricia Gamache <br /> V-05-74 <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 10 Fiddler Crab Lane and contains <br /> 12,462 square feet. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. a literal enforcement of the By-laws would involve substantial hardship to the <br /> 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 /> 3. Petitioner is burdened with maintaining two frontyard setbacks. <br /> In view of the foregoing, the Maslipee 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 June 22, 2005 to <br /> grant the following: <br /> ✓ A 14.35 foot setback variance from Fiddler Lane <br /> ✓ A 25.6 foot setback variance from Sand Dollar Lane <br /> ✓ A 2.1 foot setback variance from the rear <br /> ✓ A .8 foot setback variance from the rear <br /> Reference plans from Cape &Islands Engineering, dated April 13, 2004 and architectural <br /> plans from Archi-tect Associates, dated October 28, 2004. <br />