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Board of Appeals Kenneth J. Crosby V-99-56 2 <br /> FINDINGS <br /> General Findings <br /> 1. the subject property is located at 37 Coombs Lane and consists of 12,549 <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 Findings <br /> 1. 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. that 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 on the unpaved road were <br /> 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 July 14, 1999 to grant a Variance <br /> i <br /> to allow the applicant to construct a home on an unpaved road. The applicant must <br /> i <br /> maintain the dirt road in perpetuity to a minimum width of 14 feet and a minimum height <br /> clearance of 13.5 feet. <br /> i <br /> i <br />