06/26/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Renee E. DeDecko V-02-78 2 Board of Appeals 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 it 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 I without nullifying or substantially derogating from the intent or purpose of the By-laws. I� GENERAL FINDINGS 1. that the subject property is located at 61 Quinaquisset Avenue and consists of 31,632 square feet of land. SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the unusual shape and sloping topography affect the subject property and not the district in which it is located. 2. because of the abutting paper road, a literal enforcement of the By-laws would involve hardship to the Petitioner. I 3. relief may be granted without detriment to the public good. 4. 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 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 June 26, 2002 to grant a 15-foot Variance to allow for the corner of the proposed shed to abut the easement line on the property located at 61 Quinaquisset Avenue. The Variance is conditioned upon compliance with the following: 1. that the shed must remain a minimum of 15 feet away from the property line. 2. that the proposed shed must not encroach into the easement area. 3. plan entitled `Plot Plan of Land Located in Mashpee—Mass., Prepared for �I i Matthew DeDecko, Date: June 12, 2002, Ferreira Associates'. j I ' ; I i