07/27/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Nancy Mihos 2 V-05-89 feet from lot line as opposed to the three feet that was originally requested. The board moves to grant a variance that would allow the shed to be five feet off the lot line. 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 1. that the subject property is located at 3 Pondview Road and contains 15,300 square feet. SPECIFIC FINDINGS The Board determined that: 1. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by-law. 2. The Board determined that so long as the shed is on blocks it would not be considered a permanent structure and could therefore be moved if a problem arose. In view of the foregoing, the Maslipee 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 July 27, 2005 to allow the shed to be five feet off the lot line. Reference Mortgage plot plan dated April 14, 2000.