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Mashpee Zoning <br /> Board of Appeals 151 Nominee Trust V-02-96 <br /> 2 <br /> On September 25, 2002, a hearingwas held <br /> and Mr. John hn Slavinsky from Cape <br /> & Islands <br /> Engineering appeared for the petitioner. He informs the Board that new landscaping <br /> plans have been issued and signed by the Design Review Committee. The Board agrees <br /> there are topography and swale issues and upon condition of a$10,000 landscaping bond <br /> and signed plans from the Design Review Committee, the Board grants a 7,118 foot <br /> variance on the lot size. <br /> VARIANCE CRITERIA <br /> i <br /> Section 10 of Chapter 40A requires that the permit granting authority must <br /> determine that there are circumstances relating to the shape or topography which affects <br /> I <br /> the subject property and not the district in which it is located; and that a literal <br /> enforcement of the By-laws would involve hardship to the Petitioner. <br /> f <br /> GENERAL FINDINGS I <br /> a <br /> 1. that the subject property is located at 400 Nathan Ellis Highway and <br /> consists of 29,465 square feet of upland. <br /> i _ <br /> SPECIFIC FINDINGS <br /> 1. that there are circumstances relating to the shape and topography that affect <br /> the subject property and not the district in which it is located. <br /> II <br /> 2. that a literal enforcement of the By-laws would involve hardship to the <br /> Petitioner. <br /> 3. that relief may be granted without detriment to theublic good. <br /> p g � <br /> 4. that relief may be granted without derogating from the intent or purpose of the <br /> By-laws. <br /> 5. the circumstances relating to the unusual shape and sloping topography affect I j <br /> the subject property and not the district in which it is located. <br /> i j <br />