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Mashpee Zoning Laurie Anne Langill 2 <br /> Board of Appeals V-03-140 <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority must determine that <br /> there are circumstances relating to the soil conditions, shape or topography which affect <br /> the subject property and not the district in which it is located; that a literal enforcement of <br /> the By-laws would involve substantial hardship to the Petitioner; that desirable relief may <br /> be granted without substantial detriment to the public good and without nullifying or <br /> substantially derogating from the intent or purpose of the By-law <br /> 1. that there are circumstances relating to the shape and topography that affect <br /> the subject property 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 /> 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. the property 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 October 22, <br /> 2003 to grant a Variance of 5.6- feet. The Variance is conditioned upon the following: a <br /> certified site plan from Warwich&Associates, Inc., of North Falmouth, MA, dated <br /> October 7, 2003, as prepared for Lot 58, 7 Edgewater Road, Mashpee, MA. <br /> • <br />