04/12/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Elen E. Murad V-00-99 Board of Appeals 2 GENERAL FINDINGS 1- that the subject property is located at 19 Keel Way and consists of 17,070 square feet. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances s 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 1- that there are circumstances relating to the shape and topography that affect the subject lot and not the district in which it is located. 2. that relief may be granted without detriment to the public good. 3. that relief may be granted 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 applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on April 12, 2000 to grant a Variance of 9 feet from the side setback requirements to allow for construction of a pool cabana. The Variance is conditioned upon compliance with the following: 1. Tavares Land Design plan entitled"A Swimming Pool and Landscape Development Plan for: Marcel J. Murad, 19 Keel Way, Little Neck Bay, Job No. 99.7480, Date: October 1, 1999, Revised:November 10, 1999, 11-12-99, 01-10-2000, 02-14-2000". 2. that the applicant shall maintain the 6-foot sideline setback. 3. that the cabana shall be no larger than 210 square feet. x� 6adV 00