02/28/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Mary and James Crealese 2 Board of Appeals V-07-23 VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. GENERAL FINDINGS 1. that the subject property is located at 49 Bluff Avenue and contains 5,907 square feet. SPECIFIC FINDINGS The Board determined that: 1. the subject property is located on a cul-de-sac; therefore, the shape affects the subject lot and not the district in which it is located. 2. the location of the septic system dictates the placement of the proposed addition; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the proposal would be an improvement to the neighborhood; therefore, relief may be granted without detriment to the public good. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on February 28, 2007 to grant a landspace Variance of 93 square feet. The Variance is conditioned upon compliance with plans from Cape & Islands Engineering dated February 1, 2007, File No. 125MA.