02/11/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals George and Nancy Dubin 2 Variance Decision V-04-10 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 31 Fiddler Crab Lane and contains 18,920 square feet. SPECIFIC FINDINGS The Board determined that: 1. the sloping narrow shape and topography of the subject lot dictates placement of the proposed construction; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 3. the proposal would be an improvement to the neighborhood; therefore, relief may be granted without detriment to the public good. In view of the foregoing, the Mashpee 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 February 11, 2004 to grant a Variance of 5- feet from the property setback requirements. The Variance is conditioned upon compliance with plansfrom Cape & Islands Engineering, no. 111403, dated November 14, 2003.