12/11/2002 ZONING BOARD OF APPEALS Decisions

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M Mashpee Zoning Board of Appeals Charles E. Gaudet Trust 2 c/o Paul Griffin V-02-140 GENERAL FINDINGS 1. that the subject property is located at 144 Ninigret Avenue and consists of 5,406 square feet. i VARIANCE CRITERIA I i 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. SPECIFIC FINDINGS i The Board determined that: 1. that there are circumstances relating to the shape and topography that affect l the subject lot and not the district in which it is located. 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. that 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. l iI In view of the foregoing,the Mashpee Zoning Board of Appeals found that i l i 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 December 11, 2002 to grant the following: ♦ a 5 foot Variance from the setback requirements to the water and wetlands. ♦ A .9% Variance on the lot coverage requirements ♦ A 34.5 foot Variance on Sakonet Drive; that being an unimproved private/paper road. These Variances are conditioned upon compliance with Cape & Islands Engineering plan entitled"Plan of Proposed Porch located in Mashpee, Ma. prepared for Charles Gaudett-ltd dated October 30 2002, File No. 238 MA.