08/11/1999 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Board of Appeals Bert E. &Margaret M. McConnell V-99-58 2 FINDINGS General 1. the subject property is located at 7 Harbor Ridge Drive and contains 1.19 acres fronting on Ockway Bay. 2. the length of the proposed walkway,pier, and float does not comply with the provisions of the Bylaws and the applicant requires a Variance to exceed 70 feet in length. 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 result in hardship to the Applicant. C. Specific Findings 1. the subject property fronts on Ockway Bay and is substantially impacted by the extensive marshlands and shallow water. 2. the shape and topography of the lot prevent the placement of the dock in any other location. 3. the unusual topography affects this lot and not the district in which it is located. 4. the proposed 110 foot walkway,pier and float will be an improvement to the property and result in less impact on the marshland environment. 5. the proposed plans have been approved by the Harbormaster,the Shellfish Constable and the Conservation Commission. In view of the foregoing,the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded the Board of Appeals voted unanimously on August 11, 1999 to grant a Variance of 40 feet on the pier length. The permit is conditioned upon compliance with plan entitled "Mashpee Land Investment Ltd. Partnership, Proposed New Dock and Walkover Structure at Ockway Bay In Mashpee,Applicant: Mr. &Mrs. Bert McConnell, 45 Hopkins Road, Arlington, MA 02174, Dated March 16, 1998, Revised August 19, 1998, i signed and dated July 20, 1999 by David J. Crispin,Registered Professional Engineer". i