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Board of Appeals Mashpee Commons Limited Partnership V-99-48 2 <br />FINDINGS <br />General Findings <br />the subject property is located at 38 Nathan Ellis Highway and consists of <br />40.3 acres. <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 />1. the Board determined that there are circumstances relating to the shape and <br />topography which affect the subject lot and not the district in which it is <br />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. the shape and topography affect the subject lot and not the district in which it <br />is located. <br />6. that without relief from the height requirements, the applicant would have <br />difficulty meeting the needs of the proposed tenant. <br />7. the Board granted a Special Permit to the applicant on June 9, 1999 <br />(SP -99-49). <br />In view of the foregoing, the Mashpee 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 Board of Appeals voted unanimously on June 23, 1999 to grant a Variance <br />of five feet from the height requirements. The permit is conditioned upon the following: <br />1. the applicant must submit complete and signed plans approved by the Design <br />Review Committee. <br />2. the applicant must comply with the Fire Department's letter dated June 22, <br />1999. The conditions are: <br />a. the applicant must install roof -mounted ventilation hatches on the bow <br />trussed roof assembly. <br />b. the applicant must receive approval from the Fire Department <br />regarding exterior access ladders, location and plan. <br />