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Board of Appeals Dennis E. & Sarah F. Gorczyca V-98-149 2 <br /> FINDINGS <br /> General <br /> 1. the subject property is located at 20 Shipwreck Drive and consists of 10,000 <br /> 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 Finding <br /> I. that relief may be granted without detriment to the public good. <br /> 2. that relief may be granted without derogating from the intent or purpose of the <br /> By-laws. <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 <br /> balance of the undersized lots in the subdivision were being used, <br /> 4. the lot has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the water district. <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 December 9, 1998 to grant the <br /> Variance of one foot from the sideline setback requirements. This permit is conditioned <br /> upon compliance with plans of Holmes and McGrath, Inc. dated October 29, 1998. <br />