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Mashpee Zoning <br /> Board of Appeals William Staples <br /> 2 V-03-135 <br /> • reasonable. Since a previous variance granted in 1999, the Board is inclined to grant the <br /> same request since nothing changed on the request. Marshall Brem moves to grant the <br /> variances. Richard Guerrera seconds the motion. <br /> Section 174-32 Fire Protection Access <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 /> GENERAL FINDINGS <br /> 1. that the subject property is located at 89 Horseshoe Bend Way and contains <br /> 22,862 square feet. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the unpaved road affects the topography of this lot and not the district in <br /> • which it is located. <br /> 2. Fire Department apparatus and other emergency vehicles can safely access <br /> Horseshoe Bend Way; therefore, relief may be granted without derogating <br /> from the intent or purpose of the By-laws. <br /> 3. the owners of the developed lots on Horseshoe Ben Way maintain the <br /> unpaved road on a regular basis. <br /> 4. Horseshoe Bend Way is accessible to vehicular traffic and is typical of many <br /> unpaved roads in the Town of Mashpee. <br /> 5. 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; therefore, a <br /> literal enforcement of the By-laws would involve hardship to the Petitioner. <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 October 8, 2003 <br />