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Mashpee Zoning Joseph Dellagalla <br /> Board of Appeals V-04-123 <br /> 2 <br /> GENERAL FINDINGS <br /> 1. that the subject lot is located at 54 Horseshoe Bend Way and contains 13,000 <br /> square 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 the By-laws would <br /> involve hardship to the petitioner. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> I. that there are circumstances relating to the shape and topography that affect <br /> the subject lot and not the district in which it is located. <br /> 2. that a literal enforcement of the By-laws would involve hardship to the <br /> Petitioner. <br /> 3. that relief may be granted without detriment to the public good. <br /> 4. that relief may be granted without derogating from the intent or purpose of the <br /> By-laws. <br /> 5. that the Board determined that without relief the lot could not be used for a <br /> residence, the purpose for which it had been laid out and for which the <br /> balance of the undersized lots in the subdivision were being used. <br /> 6. 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. <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> applicant 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 September 22, <br /> 2004 to grant a 67,000 square foot landspace variance and therefore deem this lot to be <br /> buildable. <br /> = s , <br />