07/22/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Philip& Christine F. Madsen - V-98-96 2. FINDINGS General I. the subject property is located at 60 Amy Brown Road and contains approximately 68,961 square feet fronting on Abigail's Brook. 2. the length of the proposed walkway dock does not comply with the provisions of the By-laws 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. Specific Findings I. the subject property fronts on Abigail's Brook 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. h 4. the proposed 88 foot walkway dock will be an improvement to the property and result in less impact on the marshland environment. 5. the proposed plans are pending before the Harbormaster, SheHfish 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 July 22, 1998 to grant the Variance to allow a walkway dock length of 88 feet. The permit is conditioned upon submission of revised plans. If those plans are not approved by the Conservation Commission and other appropriate agencies, the applicant must reapply for a modification.