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Mashpee Zoning <br /> Board of Appeals AndrewJ. Lipnosky <br /> Lipn sly Family Trust <br /> V-03-69 <br /> GENERAL FINDINGS <br /> 1. the property is located at 35 Notre Dare Lane and contains 25,164 square <br /> feet. <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 /> SPECIFIC FINDINGS <br /> 1. the shape and topography affect the subject property and not the district i <br /> which it is located. <br /> 2. the subject property fronts on a river and is impacted by wetlands. <br /> 3. without relief the property could not be used for a residence, the purpose for <br /> which it had been laid out and for which the Balance ofthe undersized parcels <br /> in the subdivision were being used. <br /> . the property has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to bettermentsfrom the Water District. <br /> In view of the foregoing, the Mshpe Zoning Board of Appeals found that the <br /> applicant ret the criteria necessary for the granting of a variance. Upon motion duly <br /> made and seconded, the Zoning Board of Appeals voted unanimously on May 28, 2003 t <br /> grant the variance to applicant. The Board rated that this is the last lot in the subdivision <br /> to be developed. <br />