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Ma.shpee Zoning 2 <br /> Board of Appeals Per A. Eldh <br /> V-03-87 <br /> VARIANCE C'RI'TERIA <br /> Section 10 ofChapter 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 the By-laws would <br /> involve hardship to the petitioner. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 172 Daniel's Island Road and contains <br /> 1 ,6 8 o square feet. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the circumstances relating to the unusual shape and sloping topography affect the <br /> subject property and not the district in which it is located. <br /> 2. the shape and topography of the subject property limit placement of the proposed <br /> 4Ddwelling and septic system, therefore, a literal enforcement of the By-laws would <br /> involve hardship to the Petitioner. <br /> . installation of a new septic system would be an improvement to the subject <br /> property; therefore, relief may be granted without detriment to the public good. <br /> . without relief the subject property could not be used for a residence, the purpose <br /> for which it had been laid out and for which the balance of the undersized parcels <br /> in the subdivision were being used. <br /> 5. that the property has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Nater District. <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 /> made and seconded, the Zoning Board of Appeals voted unanimously on June 11, 2003 to <br /> grant the following: . <br /> 4D <br /> i <br />