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Board of Appeals G.G.P. Realty Trust V-95-21 2. <br /> Findings: <br /> A. General <br /> 1. the subject property is located at 240 Surf Drive and contains 12,275 <br /> square feet. <br /> 2. the immediate neighborhood consists of single family homes of similar <br /> size <br /> 3. the proposed house has been setback 50' from the rear wetlands and <br /> meets the sideline setback requirements. <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 <br /> lot and not the district in which it is located and that a literal enforcement of the <br /> by-laws would involve hardship to the petitioner. <br /> C. Specific Findings <br /> 1. the subject property is impacted by 50' of wetlands in the rear. <br /> 2. the shape and topography of the lot prevent the placement of a house in <br /> any other location. <br /> 3. the shape and topography affect this lot and not the zoning district in <br /> which it is located <br /> 4. the Board determined that without relief, the lot could not be used for a <br /> residence, the purpose for which it had been laid out and for which the <br /> balance of the lots in the subdivision were being used. <br /> 5. the Board determined that desirable relief may be granted without <br /> derogating from the intent or purpose of the Zoning By-laws and <br /> without detriment to the public good. <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 of Appeals voted unanimously on February 22, 1995 to grant a <br /> Variance of 5' in the front setback requirement allowing a 25' setback. The Variance is <br /> referenced by Plan S 122794 of Cape and Islands Engineering. <br />