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Board of Appeals Michael McCarthy- V-98-14 2. <br /> FINDINGS <br /> General <br /> 1. the undeveloped lot contains 13,070 square feet in the Briarwood Subdivision. <br /> 2. the immediate neighborhood consists of lots of similar or smaller size most of <br /> which have been improved with single family homes. <br /> 3. the lot has been maintained as a separate buildable lot on the assessor's records <br /> and is subject to water betterments. <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 lot has been maintained as a separate buildable lot on the assessor's records <br /> and is subject to water betterments. <br /> 2. the lot cannot be combined with any adjoining land to increase the size of the <br /> lot. <br /> 3. the Board determined that without relief the lot could not be used for a <br /> residence, the purpose for which it had been laid out and for which the balance <br /> of the lots in the subdivision were being used. <br /> 4. the Board determined that a literal enforcement of the By-law would involve <br /> substantial hardship and that desirable relief could be granted without nullifying <br /> from the intent or purpose of the By-law and without detriment to the public . <br /> good. <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 February 11, 1998 to grant a <br /> Variance to allow a lot size of 13,070 square feet. <br />