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Board of Appeals Antonio F. and Michelle E. Brum V-96-63 2. <br /> A. 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 /> B. Findings: <br /> 1. the subject property is located at 96 Old Colony Drive and contains 21,793 <br /> square feet. <br /> 2. the subject property is located in the Old Colony Estates cluster subdivision. <br /> 3. there is adequate land area to accommodate the garage. <br /> 4. the lot has an irregular shape and varies from 90 feet of frontage on the street <br /> to 170.59 feet at the rear. <br /> 5. the shape and topography affect this lot and not the zoning district in which it <br /> is located. <br /> 6. the Board found that a literal enforcement of the By-law,would result in <br /> substantial financial hardship as the existing foundation would have to be torn <br /> down. <br /> 7. the adjacent lot owner had no objection to the granting of a Variance and the <br /> rear of the lot was reserved as open space. <br /> 8. the Board found that the granting of a Variance would not derogate from the <br /> intent of the By-laws nor would it be a detriment to the neighborhood. <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 October 9, 1996 to grant a variance <br /> of 2.3 feet and allow a 12.7 foot side setback for the garage. The Variance is referenced <br /> by plans of Christopher Costa dated 9/12/96. <br />