10/11/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Verna Trager V-00-184 2 Board of Appeals 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. SPECIFIC FINDINGS i 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. I 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent or purpose of the By-laws. 5. that the subject property is impacted by wetlands. 6. that the Board determined that without relief the lot could not be used for a I residence,the purpose for which it had been laid out and for which the balance of the undersized lots in the subdivision were being used. 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 October 11, 2000 to grant a Variance of 4.2 feet from the rear setback requirements. The Variance is conditioned upon compliance with Cape & Islands Engineering plan entitled"Site Plan Located in Mashpee—MA., Prepared for Verna Trager, Date: Sep 06, 2000, Rev'd: 9/8/00, 9/12/00, 9/13/00". i ,I jl I I Ii I