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I <br /> Board of Appeals Staci A. Cormier- V95-37 2. <br /> Findings: <br /> A. General <br /> 1. the subject property is located at 39 Bayshore Drive and contains 17,580 <br /> square feet backing on an abandoned cranberry bog. <br /> 2. the immediate neighborhood consists of single family homes of similar or larger <br /> size. <br /> 3. the subject property is located in a 1984 residential subdivision known as <br /> Seabrook Shores. <br /> 4. the proposed house has been sited to meet the Conservation Commission <br /> requirement of a 50 foot natural buffer strip from the A.C.E.C. <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 applicant. <br /> C. Specific Findings <br /> 1. the subject propery is substantially impacted by the wetlands and flood zone in <br /> the rear. <br /> 2. the shape and topography of the lot create a hardship by preventing the <br /> placement of the house in any other location. <br /> 3. the Conservation Commission requirement of a buffer strip imposes a hardship <br /> in the use of the lot and the Commission has approved the proposed plan. <br /> 4. the shape and topography affect this lot and not the zoning district in which it <br /> is located. <br /> 5. 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 /> In view of the foregoing, the Mashpee Board of Appeal 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 May 24, 1995 to grant a Variance <br /> of 9 feet in the front to allow a front yard setback of 31 feet and a Variance of 2.4 feet to <br /> allow a side line setback of 12.6 feet on the north east side. The Permit is referenced by <br /> plans of Cape and Islands Engineering revised April 11, 1995. <br />