09/13/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Board of Appeals - 2 - July 27, 2000 i The Town of Mashpee Code Section 174-25.I.9 limits dock lengths to 70 feet from the landward edge of a salt marsh. The proposed timber pier, ramp and float extends 1031 feet from the landward edge of the salt marsh. The length of the proposed timber pier, ramp, and float is required to achieve water depths at the float to accommodate vessels up to 21'in length. A variance of 33 feet is requested to achieve adequate waters depths for navigation. Section 10 of the M.G. L. 40A requires that the permit granting authority make certain findings in order to grant a Variance. The Board must find that 1.)there are L circumstances relating to the soil conditions, shape, or topography which affect the land in question, but not the zoning district in which it is located; 2.)that due to those circumstances a literal enforcement of the bylaw would create a hardship, 3.) that relief may be granted without nullifying or derogating from the intent and purpose of the bylaw; and 4.) that relief can be granted without detriment to the public good. Due to the shallow water depths in this corner of Ann's Cove, the topography of the ocean floor where the proposed pier is located creates circumstances relating to the properties in question and not the zoning district in which it is located. This shallow depth is also a soil condition. The shallow water depths also create a hardship in the ability of the property owners to use the waterfront. Other docks in the area exceed the 70' limit imposed under the bylaw. The proposed length is the minimum length needed to adequately serve the boating needs by providing adequate water depth. Referring to the plan, the frontage on Ockway Bay has a unique and different shape. The seaward edge of the marsh meets at almost a right angle. That shape forces the II proposed pier to be constructed at an angle to both waterlines. The particular shape of the water line forces the pier to be longer than if the waterline was more regular in shape. For a Special Permit,the Board must also find that the structure will not unduly interfere with free passage of travel by water or land. A find must also be made that the structure will not cause or contribute to the substantial disruption or degradation,through direct or indirect impact, including uses allowed by said structure, on the marine or coastal environment. The proposed common pier will be shared by the owners of Lot 101 and 102 as shown on the accompanying plan. The Mashpee Conservation Commission is currently reviewing the application for how the project meets certain marine and coastal environmental performance standards. i The proposed pier has been designed to provide adequate water depth at the proposed float. A shorter pier in this area would not provide adequate water depths. The A