04/26/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals David Edlin 2 V-06-31 ✓ A 14.5 foot sideyard variance ✓ A 19 foot front yard setback variance ✓ A 5.6 foot northerly sideyard variance ✓ A 25,530 square foot landspace variance ✓ A 49.92 frontage variance 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 5 Bowsprit Point and contains 14,470 square feet. SPECIFIC FINDINGS The Board determined that: 1. a literal enforcement of the By-laws would involve substantial hardship to the petitioner. 2. 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. 3. no adverse impacts to those interests sought to be protected by 174-24C are present 4. sufficient land area exists to provide adequate parking In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of the following variances: Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on April 26, 2006 to grant the requested variances. The Variance is conditioned on plans from Christopher Costa & Associates, Inc., dated November 28, 2005, revised November 30, 2005, revised January 5, 2006 and revised March 15, 2006.