07/28/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Gilbert A. and Sondra Alexander 35 Grant Breen Drive Mashpee,MA 02649 V-10-28 VARIANCE CRITERIA Chapter 40A § 10 states: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting to grant upon petition with respect to particular land or structures a Variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and 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 such ordinance or by-law. SPECIFIC FINDINGS: The Board determined that: 1. the odd shape of the subject property restricts location of the addition; therefore, a literal enforcement of the By-laws would involve substantial hardship to the Petitioner to meet the front setback requirements. 2. the subject property is not similar to other lots in the area. 3. because of the minimal amount of Variance relief being sought, desirable relief may be granted without substantial detriment to the public good. 4. desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the By-laws. 5. there is adequate parking on the property. In view of the foregoing, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on July 28, 2010 to grant a Variance of 5 feet from the side setback requirements. This Decision is conditioned upon compliance with Eagle Surveying, Inc. plan entitled: "Plot Plan in Mashpee, MA. Feb. 13, 2001 Revised: May 4, 2010 Project No. 97-274-L13A". 2