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Board of Appeals Richard and Jacinth E. Cooke V-95-43 2. <br /> Findings: <br /> A. General <br /> 1. the subject property is located at 49 Ashumet Avenue and consists of 13,800 <br /> square feet. <br /> 2. the subject lot is in the Briarwood subdivision which was approved in 1965 and <br /> required a front setback of 20 feet and sideline setbacks of 7.5 feet. <br /> 3. the immediate neighborhood consists of single family homes of similar size and <br /> location on the lots. <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. St)ecific Findings <br /> 1. the shape and topography of the lot prevent the placement of the addition in <br /> any other location. <br /> 2. the proposed sideline setback exceeds that permissible under the original <br /> zoning. <br /> 3. the shape and topography 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 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 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 June 28, 1995 to grant a Variance <br /> of 1.2 feet to allow for a sideline setback of 8.8 feet. The Variance is referenced by plans <br /> of Christopher Costa dated May 25, 1995 and signed on June 5, 1995. <br /> I <br />