02/11/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Craig Lynch- V-98-15 2. FINDINGS General 1. the subject property is located at 70 Popponesset Island Road and contains 36,749 square feet fronting on Popponesset Bay. 2, the immediate neighborhood consists of single family homes many of which have docks on Popponesset Bay. 3. the proposed dock will be accessory to an existing dwelling and is a permissible use within the R-3 zoning district upon grant of a Special Permit from the Board of Appeals. 4. the length of the proposed pier, ramp and float does not comply with the provisions of the Bylaws and the applicant has been granted a Variance to exceed 70' . . 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. Specific Findings: 1. the subject property fronts on Popponesset Bay and is substantially impacted by the location in the Flood Zone V 17 and the coastal wetlands. 2. the shape and topography of the lot prevent the placement of the dock in any other location. 3. the 161 foot length of the dock will reduce the impact on the marine environment. 4. the topography affects this lot and not the district in which it is located. 5. the use is in harmony with the general purpose and intent of the By-laws . 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 February 25, 1998 to grant the Variance to allow a 161 foot dock. The Variance is referenced by plans of Atlantic Design Engineers, Inc. signed February 24, 1998.