05/12/1999 ZONING BOARD OF APPEALS Decisions

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14�, Board of Appeals Faith H. Bellantoni V-99-37 2 FINDINGS General Findings 1. the subject property is located at 52 Ashumet Avenue and consists of 12,650 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. the narrow shape and topography affect the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the petitioner. 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. 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 May 12, 1999 to grant a Variance of 2.6 feet from the sideline setback requirements to allow for construction of a two -car garage. The permit is conditioned upon compliance with plans of Cape & Islands Engineering, entitled "PLOT PLAN OF LAND Located in Mashpee — Mass., Prepared for Faith Bellantoni, Date: April 7, 1999, Scale: 1" = 30 FT."