03/12/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Mashpee Commons Limited Partnership 2 Board of Appeals V-03-32 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 relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. that the shape and topography affect the subject lot and not the district in which it is located. 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 April 9, 2003 to grant a Variance of 10 feet between buildings 12 and 16 and a variance of 45 feet for the • height requirements of a proposed 3 story building conditioned on plans from IMAI KELLER MOORE Architects Master Plan, dated February 28, 2003 and compliance with letter from Fire Chief George Baker dated April 9, 2003 and letter from Randall Imai, Imai Keller Moore Architects, dated April 9, 2003. is