02/24/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals James and Rosemary Mitchell 2 V-04-48 VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. GENERAL FINDINGS 1. that the subject property is located at 90 Popponesset Island Road and contains .57 acres. SPECIFIC FINDINGS The Board determined that: 1. the proposed dock will be an accessory to an existing dwelling and is a permissible use upon the grant of a Special Permit. 2. the Petitioner met the criteria for granting of an 18-foot Variance from MHW to vary the maximum length of 70 feet for the pier and ramp. 3. the proposal has been approved by the Shellfish Constable whose responsibilities include protection of the marine environment. 4. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 5. the use is in harmony with the general purpose and intent of the By-laws. 6. the owner has rights to maintenance in perpetuity. 7. filing with the State DEP Wetlands Program shall be considered execution of the Special Permit. 8. that the Board has determined that when the applicant files with the Corps of Engineers, it shall be considered as execution of the Special Permit. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on May 12, 2004 to grant an 18-foot variance from MHW to the petitioner. Such variance is conditioned on plans from Cape &Islands Engineering, folder no. 816CC,plan no. 022504, dated February 25, 2004, revised March 22, 2004, revised April 6, 2004 and revised April 20, 2004 as prepared for James and Rosemary Mitchell.