04/26/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Jamie Weinstein 2 V-06-28 less impact on the flood elevation than the existing structure. The Board reviews the plans with Mr. Kirrane and move to grant the requested variances. 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 387 Monomoscoy road and contains 34,662 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: ✓ a 5,308 landspace variance ✓ 25 foot setback to the deck ✓ 50 foot frontage variance 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.