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Mashpee Zoning Warren Benson 2 <br /> Board of Appeals V-03-144 <br /> VARIANCE CRITERIA <br /> • Section 10 of Chapter 40A requires that the permit granting authority must <br /> determine that there are circumstances relating to the soil conditions, shape or topography <br /> which affect the subject property and not the district in which it is located; that a literal <br /> enforcement of the By-laws would involve substantial hardship to the Petitioner; that <br /> desirable relief may be granted without substantial detriment to the public good and <br /> without nullifying or substantially derogating from the intent or purpose of the By-law. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 130 Summersea Road and contains <br /> 11,000 square feet. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the circumstances relating to the unusual shape and sloping topography affect <br /> the subject property and not the district in which it is located; therefore, a <br /> literal enforcement of the By-laws would involve hardship to the Petitioner. <br /> • 2. the subject property is impacted by wetlands; therefore, without relief the <br /> property could not be used for a residence, the purpose for which it had been <br /> laid out and for which the balance of the undersized parcels in the subdivision <br /> were being used. <br /> 3. installation of a new septic system is an improvement to the subject property; <br /> therefore, relief may be granted without detriment to the public good. <br /> 4. the property has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Water District; therefore, relief <br /> may be granted without substantial detriment to the public good and without <br /> nullifying or substantially derogating from the intent or purpose of the By- <br /> law. <br /> 5. The Petitioner has met the criteria necessary for grant of a Special Permit to <br /> allow for demolition of the existing dwelling on the subject property. <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly <br />