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Mashpee Zoning Peter A. & Gretchen Maglione V-0 1-7 2 <br /> 17 <br /> Board of Appeals <br /> VARIANCE CRITERIA <br /> B <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 affectthis 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 /> k GENERAL FINDINGS <br /> w , <br /> 1. that the subject property is located at 202 Daniel's Island Road and consists of <br /> 34,020 square feet. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> y 1. the sloping narrow shape and topography of the subject lot dictates placement <br /> of the proposed construction; therefore, a literal enforcement of the By-laws <br /> would involve hardship to the Petitioner. <br /> 2. the lot has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Water District;therefore, relief <br /> may be granted without derogating from the intent or purpose of the By-laws. <br /> 3. the proposal would be an improvement to the neighborhood;therefore, relief <br /> I� <br /> may be granted without detriment to the public good. <br /> k:. 4. the proposal would not encroach on the 10-foot side setback requirement of <br /> �y <br /> lots in the area. <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> Petitioner 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 January 10, <br /> 2001 to grant a Variance of 13.7 feet from the front setback requirements. The Variance <br /> is conditioned upon compliance with Cape &Islands Engineering plan entitled: "Plot <br /> Plan of Land Located in Mashpee,Mass.,Prepared for Peter Maglione, Date: Dec. 12, <br /> 2000". <br /> 7� <br />