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Board of Appeals Barbara B.Nichols SP-99-52 2 <br /> FINDINGS <br /> General Findings <br /> 1. the subject property is located at 59 Jones Road and consists of 5.4 acres of <br /> land. <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. 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. the subject property fronts on Mashpee Pond and is impacted by 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 /> iseconded, the Board of Appeals voted unanimously on July 14, 1999 to grant a Variance <br /> of 43.5 feet to the edge of the water to allow for construction of a deck on the subject <br /> property. <br /> i <br /> I <br />