08/24/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Charles and Jean Viglas Board of Appeals V-04-113 2 them on their property to rectify the situation. The Board feels this will be an improvement to the area and sooner or later, the house would need to be moved off the abutting property owners land. The Board moves to grant the following: ✓ A 22,255 landspace variance ✓ A 6.45 foot frontage variance ✓ A 14 foot front yard setback variance GENERAL FINDINGS 1. that the subject property is located at 10 Spoondrift Circle and contains .41 acres. 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 1. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. that relief may be granted without detriment to the public good. 3. that 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 August 24, 2004 to grant the following: ✓ A 22,255 landspace variance ✓ A 6.45 foot frontage variance ✓ A 14 foot front yard setback variance These variances are conditioned upon plans from Cape & Islands Engineering, dated February 3, 2004 and revised June 25, 2004, and plans from Anthony Ferragaino, dated June 30, 2004 as prepared for the Viglas House. l