02/25/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals John J. and Catharine J. Brennan-V-98-17 2. Findin s A. General: 1. the subject property is located at 38 Fiddler Crab Lane and consists of 19,100 square feet fronting on Ockway Bay. 2. the immediate neighborhood consists of single family homes many of which have docks on Ockway 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 By-laws and requires a Variance from the Board of Appeals. B.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. C. Specific Findings 1. the subject property is 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 192 foot walkway, ramp 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, Shellfish Constable and 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 February 25, 1998 to grant the Variance. The Decision is conditioned upon compliance with plans of B.S.C. Group dated January 15, 1998. 1