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14 <br />Board of Appeals David M. & Karen Lupo V-99-44 <br />FINDINGS <br />General Findings <br />1. the subject property is located at 65 River Road and consists of 29,980 square <br />feet fronting on Mashpee River. <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 />The Board determined: <br />1. that there are circumstances relating to the shape and topography which affect <br />the subject lot 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 />5. that the subject property fronts on Mashpee River and is impacted by <br />wetlands. <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 74.5 feet from the dock length requirements. The permit is conditioned upon <br />compliance with plans of The Phoenix Group, Proposed Dock, Lupo Residence, 65 River <br />Road, Map 89 Block 317, Project No. 38771, Date: 2 Feb 1999, Revised 4/6/99. <br />