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MASFIPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> Owner, Thora J. Chri sto <br /> 54 Bayberry Drive (Map 23 Parcel 202) <br /> Mashpee, MA 02649 <br /> V-2022-03 <br /> SPECIFIC VARIANCE CRITERIA <br /> Chapter 40A: Section 10. Variances: <br /> The authority specifically finds that owing to circumstances relating to the soil conditions, <br /> shape, or topography of such land or structures and especially affecting such land or <br /> structures but not affecting generally the zoning district in which it is located, 1) a literal <br /> enforcement of the provisions of the ordinance or by-law would involve substantial <br /> hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief <br /> may be granted without substantial detriment to the public good and without nullifying or <br /> substantially derogating from the intent or purpose of such ordinance or by-law. <br /> SPECIFIC FINDINGS <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a <br /> Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, <br /> February 23,2022,the Zoning Board of Appeals voted unanimously to issue a Variance in <br /> the amount 5 ft. 6 inches from the side yard setback under §174-31 of the Zoning Bylaws <br /> to Owner, Thora J. Christo, at 54 Bayberry Drive, Mashpee, MA, with the following <br /> conditions; <br /> 1. The Board has determined that the applicant meets all the conditions of a Variance <br /> under Mass General Law 40A Section 10. <br /> 2. Plot Plan — Proposed Addition at 54 Bayberry Dr., Mashpee, MA. Prepared for <br /> Thorie Jilson,Prepared by: JC Engineering, Inc., Scale: I"=20',October 18,2021. <br /> 3. New Floor Plan for 54 Bayberry Dr. Mashpee, MA. Scale: '/4" = 1', Date: <br /> 9/15/2021,Designed/Drawnby: Culhane Carpentry LLC,Al: First Floor Plan,A2: <br /> Second Floor Plan, A3: New Basement/Foundation Floor Plan, A4: New Elev. <br /> Details,A5:New Elev.Details,A6:New Section Details,A7:New Section Details, <br /> A8: First Floor Frame Details, A9: Second Floor Frame Details. <br /> 4. The Board issues a Variance for the side yard setback in the amount of 5 ft. 6 inches. <br /> The requirement is 15 ft., and the plan depicts 9 ft.4 inches, <br /> 5. Conditioned on all Town Department comments read into the record. <br /> 6. Conditioned on the DPW Director comments read into the record. <br /> 7. Conditioned that any and all changes to the plans will require the application to <br /> return to the Zoning Board of Appeals. <br /> 3 <br />