05/13/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Bert E. and Margaret McConnell - V-98-69 2. FMINGS Gener I, the subject property is located at 7 Harbor Ridge Drive and contains 52,03 8 square feet 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 Criteri 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 I. 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 and Shellfish Constable and are pending before 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 May 13, 1998 to grant the Variance to allow a dock length of 110 feet., The permit is conditioned upon compliance with plans of the BSC Group dated March 17, 1998.