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Report of the Zoning Board of Appeals To the Honorable Board of Selectmen and the Citizens of the Town of Mashpee The Zoning Board of Appeals is appointed by the Selectmen and acts under the authority of Chapters 40A and 40B of the Massachusetts General Laws and the Zoning By-laws of the Town of Mashpee. The Zoning Board of Appeals has the following powers: 1. To hear and decide Appeals in accordance with Chapter 40A Section 8 by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer, by the regional planning agency, or by any person including an officer or board of the city or town, or of an abutting city or town aggrieved by an order or decision of the inspector of buildings, or other administrative official, in violation of any provision of this chapter or any ordinance of By-law adopted thereunder. 2. To hear and decide Petitions for Special Permits in accordance with Chapter 40A Section 9. The Board may grant Special Permits to authorize specifically itemized uses after weighing the benefit or detriment of a proposal. Special Permits allow for, but are not limited to, the following: • Construction of piers, ramps and floats. • Commercial development of property. • Extension, alteration or change of a non-conforming structure. • Demolition of an existing structure to allow for rebuild. • Conversion of an existing dwelling to accommodate an in-law apartment • Development within the Groundwater Protection District. 3. To hear and decide Petitions for Variances asset forth in Chapter 40A Section 10. The Board may grant Variance relief from the following: • Setback requirements. • Frontage requirements. • Land space requirements. The Board may grant a Variance only if it finds that the following three "Required Findings"have been found in the affirmative: • That there are circumstances relating to the soil conditions, shape or topography which affects the subject lot and not the district in which it is located. • That a literal enforcement of the By-laws would involve substantial hardship to the Petitioner. • That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. 4. To hear and decide Appeals of a Decision of the Building Commissioner in accordance with Chapter 40A Sections 13 and 14. 200