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Mashpee Zoning <br /> Board of Appeals Peter Aledda <br /> 2 V-09-19 <br /> 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 lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 116 Old Brickyard Road and contains <br /> 7,250 square feet. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. a literal enforcement of the By-laws would involve substantial hardship to the <br /> petitioner. <br /> 2. Desirable relief may be granted without substantial detriment to the public <br /> good and without nullifying or substantially derogating from the intent or <br /> purpose of the by-law. <br /> 3. no adverse impacts to those interests sought to be protected by 174-24C are <br /> present <br /> 4. sufficient land area exists to provide adequate parking <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of an 8.9 foot variance Upon motion <br /> duly made and seconded, the Zoning Board of Appeals voted unanimously on May 13, <br /> 2009 to grant the requested variance. The variance is conditioned on plans from Cape & <br /> Islands Engineering, dated March 17, 2009. <br /> z <br />