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Board of Appeals William J. Cohen V-98-116 2 <br /> FINDINGS <br /> General <br /> 1. the subject property is located at 9 Chart Way and contains 11,200 square feet. <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 <br /> I. relief may be granted without detriment to the public good. <br /> 2. relief may be granted without derogating from the intent or purpose of the By- <br /> laws. <br /> 3. the subject property fronts on Popponesset Creek and is impacted by wetlands. <br /> 4. the Board determined without relief the lot could not be used for a residence, <br /> the purpose for which it had been laid out. <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 September 23, 1998 to grant the <br /> Variance of a five-foot front setback and 2% lot coverage. The permit is conditioned <br /> upon compliance with plans of the BSC Group dated June 5, 1998. <br />