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Mashpee Zoning <br />Board of Appeals Gary J. Bourne, Bourne Petroleum <br />3 Owner: S. Joseph DiMaggio <br />V-03-28 <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 are 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 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 applicant <br />met the criteria necessary for the granting of a Variance. Upon motion duly made and <br />seconded, the Zoning Board of Appeals voted unanimously on April 9, 2003 to grant a <br />23.6 foot Variance on Main Street for the canopy and a 6.8 foot Variance on the side for <br />the canopy. These Variances are conditioned upon the real estate taxes being paid up to <br />date, Site plans from Arthur F. Borden & Associates, Inc. as prepared for Bourne <br />Petroleum & Realty Trust, number A-1148, dated January 21, 2003, and CADD Drawing <br />by Kim Brown, dated April 7, 2003 and, site plans from Cape & Islands Engineering, Plan <br />No. 082498, File No. 230MA, D-34 AQUAC, dated August 24, 1998. <br />J <br />