10/09/2002 ZONING BOARD OF APPEALS Decisions

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YtI Mashpee Zoning Board of Appeals Peter R. &Dolores L. Hinden V-02-113 A VARIANCE CRITERIA B Section 10 of Chapter 40A requires that the permit granting authority must C determine that there are circumstances relating to the soil conditions, shape or topography 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 without nullifying or substantially derogating from the intent or purpose of the By-law i GENERAL FINDINGS 1. that the subject property is located at 127 Shore Drive and consists of 7,600 i square feet. SPECIFIC FINDINGS 1. the shape and topography of the subject propertylimit placement of the proposed dwelling and septic system, therefore, a literal enforcement of the By-laws would I 'll involve hardship to the Petitioner. 2. the proposed construction would be farther away from the wetlands than the existing dwelling; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 3. installation of a new septic system would be an improvement to the subject property; therefore, relief may be granted without detriment to the public good. 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 9, 2002 to grant a Variance. The Variance is conditioned upon compliance with plans of Cape & Islands Engineering, Plan No. 082802, File No. 125MA, Septic File No. 71, Dated August 28, 2002 and additional plans showing more plantings as noted above.