04/28/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Michael J. & Jodi Carpentier V-99-35 General Findings 1. the subject property is located at 31 Pierre Vernier Drive and consists of 19,900 square feet. Variance Criteria Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. Specific Findings 1. that the proposed construction falls under the allowed 20%. 2. that there are circumstances relating to the shape and topography which affect the subject lot and not the district in which it is located. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent or purpose of the By-laws. 5. that the shape and topography affect the subject lot and not the district in which it is located. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Board of Appeals voted unanimously on April 28, 1999 to grant a Variance of five feet from the sideline setback requirements on the southerly side of the lot. The permit is conditioned upon compliance with plans entitled "Plot Plan Prepared for Andrew Davison in Mashpee, Scale: 1" = 20', Dated: Apr 12, 1999, Holmes and McGrath, Inc., Job No: 99133, Drawing No: 72-1-29" and "Devlin Custom Designs for D & V Construction, Date 4/19/99".