10/27/2004 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning 2 Board of Appeals John and Fumie Madden V-04-143 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 65 Bucaneer Way and contains 21,800 square feet. SPECIFIC FINDINGS The Board determined that: 1. a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the proposal would be an improvement to the subject lot and to the neighborhood; therefore, relief may be granted without detriment to the public good and 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 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 October 27, 2004 to grant an 11.7-foot Variance on the frontyard setback of the property. The Variance is conditioned upon compliance with the proposed plot plan from Norman Grossman of East Falmouth, MA, dated August 24, 2004, Plan No. B-714.