07/14/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Richard Weymouth 2 V-04-91 VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority must determine that there are circumstances relating to the soil conditions, shape or topography which affect the subject property and not the district in which it is located; that a literal enforcement of the By-laws would involve substantial hardship to the Petitioner; that 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. GENERAL FINDINGS 1. That the subject property is located at 35 Vista Circle and contains 20,871 square feet. SPECIFIC FINDINGS 1. the shape and topography of the subject property limit placement of the proposed dwelling and septic system, therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the proposed construction would be farther away from the wetlands than the existing dwelling; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 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 unanimously on July 14, 2004 to grant a 6.5 foot variance on the southerly side and a 12.1 foot variance in the rearyard to legalize the deck and is conditioned on the plans from BSS Design of Falmouth, MA, dated June 10, 2004, no. D7-315.