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Mashpee Zoning <br /> Board of Appeals Stephen Berish V-00-113 2 g <br /> GENERAL FINDINGS ` <br /> I. that the subject property is located at 37 Keel Way and consists of 77,498 <br /> square feet. <br /> r� <br /> VARIANCE CRITERIA ' <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br /> SPECIFIC FINDINGS <br /> 1. that there are circumstances relating to the shape and topography that affect <br /> the subject lot and not the district in which it is located. r <br /> 2. that a literal enforcement of the By-laws would involve hardship to the <br /> Petitioner. <br /> 3. that relief may be granted without detriment to the public good. <br /> I <br /> 4. that relief may be granted without derogating from the intent or purpose of the r <br /> By-laws. <br /> 5. that the subject property is impacted by wetlands. <br /> 6. that the proposed construction would not be more detrimental than the <br /> existing development on the lot. <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> applicant met the criteria necessary for the granting of a Variance. Upon motion duly <br /> made and seconded,the Zoning Board of Appeals voted unanimously on April 26, 2000 <br /> to grant the following: <br /> 1. a Variance of ten(10) feet from the rear and side setback requirements. <br /> 2. a Variance from the setback requirements to the water and wetlands to allow <br /> for construction within a resource area. <br /> The Variance is conditioned upon compliance with Tavares Land Design plan entitled"A <br /> Landscape Development Plan for Stephen&Louise Berish, 37 Keel Way, Little Neck <br /> Bay, Date: March 1, 2000, Job No. 2000.16000". <br /> i <br /> i <br />