07/09/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning 2 Board of Appeals Emil R. Smith and Alice Smith V-03-103 Ms. Elizenberry seconds the motion. All agree. So moved. 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 2 Pembroke Drive and contains 7,914 square feet. SPECIFIC FINDINGS The Board determined that: 1. a literal enforcement of the By-laws would involve hardship to the Petitioner. • 2. the proposal would be an improvement to the subject lot and to the neighborhood; therefore, relief may be granted without detriment to the public good and without derogating from the intent or purpose of the By-laws. 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 July 9, 2003 to grant a 5-foot variance on the sideline and a 3-foot variance on the westerly side. The Variances are conditioned upon compliance with plans from Cape & Islands Engineering, dated October 30, 2001 and revised June 18, 2003 as prepared for Emil Smith.