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Board of Appeals Thomas and Lynn O'Hara 2. <br /> FINDINGS: <br /> A. General <br /> 1. the subject property is located at 110 Amos Landing Road and contains 23,054 <br /> square feet. <br /> 2. the immediate neighborhood consists of single family homes of similar size in <br /> the Sandalwood residential subdivision. <br /> 3. the proposed location of the house will result in a 10 foot side setback and <br /> requires a Variance from the 15 foot sideline setback requirement of the By- <br /> laws. <br /> 4. the proposed location of the house will result in setbacks of 32 feet and 45.4 <br /> feet from the wetlands and require a Variance for construction within a 50' <br /> buffer zone. <br /> 5. the lot borders on reserve land and is impacted by wetlands. <br /> B. 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. <br /> C. Specific Findings <br /> 1. the shape and topography of the lot with a substantial wetland area of 5,631 <br /> square feet create a hardship in the placement of a house on the lot. <br /> 2. the applicant has maintained a maximum buffer area from the wetlands where <br /> possible and has received approvals from the Conservation Commission and <br /> Board of Health. <br /> 3. the topography and shape affect this lot and not the zoning district in which it <br /> is located. <br /> 4. the Board determined that desirable relief may be granted without derogating <br /> from the intent and purpose of the Zoning By-laws and without detriment to <br /> the public good. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the applicants <br /> met the criteria necessary for the granting of a Variance. Upon motion duly made and <br /> seconded, the Board of Appeals voted unanimously on July 24, 1996 to grant a Variance <br /> of 5 feet to allow a sideline setback of 10 feet and a Variance of 18 feet to allow a setback <br /> from the wetlands of 32 feet on the North side and a Variance of 4.6 feet to allow a <br /> setback from the wetlands of 45.4 feet on the East side. The Variance is conditioned upon <br /> compliance with plans of Michael H. Grotzke dated June 6, 1996 <br />