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Mashpee Zoning Calico Real Estate Limited Partnership <br /> Board of AppealsOwner: Donald and Kathleen Funny <br /> 2 V-03-48 <br /> petitioner that indeed it had expired and he must go through the Board of Appeals to <br /> reapply for another variance. The Board moves to grant the requested variances. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of theBy-laws would <br /> involve hardship to the petitioner. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 81 Nick Trail and consists of 7,364 <br /> square feet of lard. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the narrow shape and topography affect the subject lot and not the district in <br /> which it is located. <br /> 2. the subject property is impacted by wetlands. <br /> . without relief the lot could not be used for a residence, the purpose for which <br /> it had been laid out and for which the balance of the undersized lots in the <br /> subdivision were being used; therefore, a literal enforcement of theBy-laws <br /> would involve hardship to the petitioner. <br /> 4. that the lot has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Water District; therefore, relief <br /> may be granted without derogating from the intent or purpose of theBy-laws. <br /> In view of the foregoing, the lashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly <br /> rade and seconded, the Zoning Board of Appeals voted unanimously on April 9, 20003 <br /> to grant the following: <br />