08/24/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Thomas P. and Patricia Dargan 2 V-05-101 seconds the motion. Evano Cunha votes against the motion. Robert Nelson votes in favor. Zella Elizenberry votes in favor. The motion carries 4-1 GENERAL FINDINGS 1. the property is located at 5 Uncatena Road and contains 10,062 square feet. 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. SPECIFIC FINDINGS The Board determined that: 1. the shape and topography affect the subject property and not the district in which it is located. 2. the granted variance would not have a detrimental effect on the subject property or those surrounding the property. 3. Conservation Commission has approved the proposed plans. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted 4-1 to grant the Variance conditioned on compliance with engineering plans from Cape & Islands Engineering, dated July 25, 2005, revised August 10, 2005, revised September 7, 2005 and revised again September 9, 2005, and architectural plans from Thomas J. O'Neill of Mashpee, MA and Robert A. Kendall of Leesburg, VA dated July 28, 2005.