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Mashpee Zoning Alexander M. Levine V-02-70 2 <br /> Board of Appeals <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority must <br /> determine that there are circumstances relating to the soil conditions, shape or topography <br /> which affect the subject property and not the district in which it is located; that a literal <br /> enforcement of the By-laws would involve substantial hardship to the Petitioner; that <br /> desirable relief may be granted without substantial detriment to the public good and <br /> without nullifying or substantially derogating from the intent or purpose of the By-law <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 185 Willowbend Drive and consists of <br /> 21,641 square feet of land. Ii <br /> SPECIFIC FINDINGS <br /> ! I <br /> The Board determined that: <br /> 1. the circumstances relating to the rhombus shape of the subject property and its <br /> sloping topography affect the subject property and not the district in which it <br /> is located. <br /> 2. because of the unusual shape and topography, a literal enforcement of the <br /> By-laws would involve hardship to the Petitioner. <br /> 3. because there is a 40-foot wide easement access between the subject property <br /> and the direct abutter, relief may be granted without derogating from the <br /> intent or purpose of the By-laws. <br /> 4. because the proposal will not be built within the easement access, relief may <br /> be granted without detriment to the public good. <br /> In view of the foregoing, ! <br /> g g, t he Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly j <br /> made and seconded, the Zoning Board of Appeals voted unanimously on June 26, 2002 to <br /> grant a Variance of nine (9) feet from the setback requirements to allow for construction i11 <br /> of a pool on the subject property. The Variance is subject to the following: <br /> 1. the Petitioner must submit a revised plan to the ZBA office showing proposed <br /> lot coverage. <br /> 2. the Petitioner must submit a revised plan to the ZBA office showing that the <br /> proposed fence shall not be constructed within the easement area and shall <br /> remain on the Petitioner's property. <br /> 3. the Petitioner must submit written approval from Willowbend Corporation of <br /> the proposed 9-foot encroachment into the setback requirements from the <br /> easement access. III <br /> ,I <br /> HI <br />