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Mashpee Zoning <br /> Board of Appeals Donald B. and Evelyn G. McIntyre V-02-58 <br /> is granted on the condition that the petitioner complies with the revised set of plans from <br /> Cape & Islands Engineering, dated October 25, 1999, Plan No. S 102599, revised <br /> November 4, 1999, revised August 1, 2002 and revised August 6, 2002 with notation no. <br /> 9 which states "living space on first and second floor shall contain no more <br /> than 2,500 <br /> square feet <br /> q <br /> sI' <br /> I <br /> GENERAL FINDINGS: ili I. <br /> The subject property is located at 190 Waterway and consists of 11,850 square <br /> feet of land. <br /> VARIANCE CRITERIA II j <br /> Section 10 of Chapter 40A requires that the permit granting authority must l'j <br /> determine the following: <br /> j I <br /> 1. that there are circumstances relating to the shape and topography that affect <br /> the subject property and not the district in which it is located. <br /> 2. that a literal enforcement of the By-laws would involve hardship to the I <br /> Petitioner. i <br /> 3. that relief may be granted without detriment to the public good. <br /> 4. that relief may be granted without derogating from the intent or purpose of the <br /> By-laws. <br /> I � I <br /> I <br /> iiSPECIFIC FINDINGS <br /> !II � <br /> The Board determined that: <br /> I <br /> 1. the circumstances relating to the unusual shape and sloping topography affect the ' <br /> i <br /> subject property and not the district in which it is located <br /> 2. the shape and topography of the subject property limit placement of the proposed <br /> dwelling and septic system, therefore, a literal enforcement of the By-laws would i <br /> involve hardship to the Petitioner. <br /> 3. the proposed construction would be farther away from the wetlands than the <br /> existing dwelling; therefore, relief may be granted without derogating from the Ii i <br /> intent or purpose of the By-laws. I <br /> I <br /> 4. without relief the subject property could not be used for a residence, the purpose <br /> for which it had been laid out and for which the balance of the undersized parcels <br /> in the subdivision were being used. I j <br /> li I <br /> I! I ii II I <br /> 5. that 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. <br /> 6 j <br />