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Mashpee Zoning <br /> Board of Appeals Thomas Analetto, Jr. <br /> 2 V-05-107 <br /> Cunha votes against the variance. Frederick Borgeson votes in favor. The variance is <br /> carried 4-1. <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 48 Quaker Run Road and contains .31 <br /> acres. <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. The topography of the lot causes a burden to the applicant if relief is not <br /> granted. <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 a Variance.. Upon motion duly <br /> made and seconded,the Zoning Board of Appeals voted 4-1 on September 14, 2005 to <br /> grant a 38-foot wetlands variance and a 9.9 foot sideyard variance. The Variance is <br /> conditioned upon compliance with plans from Cape &Islands Engineering, dated July 5, <br /> 2005, revised July 14, 2005 and revised August 12, 2005, File No. 133MA <br /> i <br />