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Mashpee Zoning <br />Board of Appeals <br />2 <br />• VARIANCE CRITERIA <br />0 <br />Joseph Marino V-03-08 <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 />1. the shape and topography affect the subject property and not the district in <br />which it is located.. <br />2. 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 of the undersized parcels <br />in the subdivision were being used. <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 January 8, 2003 <br />to grant the Variances conditioned on compliance with the Certified Plot Plan from Down <br />Cape Engineering, Inc, 939 Main Street, Yarmouth, MA, Reference Lot 164, PB 201 PG <br />93, dated July 26, 1995, revised December 13, 2002. <br />