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Mashpee Zoning Elizabeth Fulton 2 <br />Board of Appeals V-03-24 <br />• ♦ That an attempt for an immediate re -assessment be done on the lot. <br />♦ The drainage problem shall be taken care of by Elizabeth Fulton on this property. <br />GENERAL FINDINGS <br />1. that the subject lot is located at 5 Point Road and contains 12,761 square feet <br />as proposed. <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 />• 1. 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 subject property is impacted by wetlands. <br />6. 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 />7. 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 />0 <br />