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k:Y r Yy: <br /> Mashpee Zoning Sigmund J. &Virginia S. Kharasch V-01-69 2 <br /> Board of Appeals <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 11 Pond Street and consists of 14,200 ;``a <br /> square feet of land. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the subject lot's close proximity to and impact by wetlands and the lot's <br /> topography affect the subject lot and not the district in which it is located; <br /> therefore, a literal enforcement of the By-laws would involve hardship to the <br /> Petitioner. <br /> 2. without relief the lot could not be used for a residence,the purpose for which <br /> it had been laid out and for which the balance of the undersized lots in the <br /> subdivision were being used;therefore, relief may be granted without <br /> derogating from the intent or purpose of the By-laws. <br /> 3. 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,relief <br /> may be granted without detriment to the public good. <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the rr <br /> Petitioner 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 June 13,2001 <br /> to grant a Variance of 15 feet from the setback requirements to water and wetlands. The <br /> Variance is conditioned upon compliance with Cape &Islands Engineering plan entitled: <br /> "Proposed Project: Demolish Existing Building, Construct New Dwelling,Driveway& <br /> Utilities,Remove Septic Pump,Relocate Existing Septic Tank,Proposed Site Plan <br /> Located in Mashpee,Mass., Prepared for Sigmund Kharasch, Date: Apr. 24, 2001, <br /> Rev'd: 5/8/01 and 5/11/01". <br />