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Board of Appeals Elizabeth P. and Peter N. Stavru - V-96-54 2. <br /> A. 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 /> result in hardship to the petitioner. <br /> B. Findinas <br /> 1. the subject property is located in the Stratford Ponds condominium complex. <br /> The Town of Mashpee Zoning By-laws require a twenty(20) foot setback <br /> between buildings. <br /> 2. there is adequate land area to accommodate the changes in the bulkhead design <br /> 3. the redesign is an improvement in safety in access to the property. <br /> 4. the Board determined that desirable relief may be granted without derogating <br /> from the intent or purpose of the Zoning By-laws and without detriment to the <br /> public good. <br /> 5. the shape and topography affect this land area and not the zoning district in <br /> which it located and create a hardship in the use of the land. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the applicant <br /> met the criteria necessary for the granting of a Variance. Upon motion duly made and <br /> seconded, the Board voted unanimous to grant the Variance with the condition that the <br /> exterior finish of the structure and door be of a rated non-combustible material. The <br /> Variance is conditioned upon compliance with plans of P. Stavru dated August 1, 1996 <br /> and signed by the Chairman of the Board of Appeals. <br /> p <br /> s <br /> d <br /> a <br />