08/26/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Edmund C. & Rosemary O'Rourke V-98-114 2. FINDINGS General Findings I. the subject property is located at Lot 12, Great River Road, Map 120 Block 68 and contains 21,700 square feet. 2. the length of the proposed pier, ramp and float does not comply with the provisions of the By-laws and the applicants require 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 involve hardship to the petitioner. Specific Findings I. the subject property fronts on Great River 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. 1 3. the unusual topography affects this lot and not the district in which it is located. 4. the proposed 82 foot pier, 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 and Shellfish Warden and are pending before the Conservation Commission. In view of the foregoing, the Mashpee Board of Appeals found that the applicant et the criteria necessary for the granting of a Variance. Upon motion duly made and conded, the Board of Appeals voted unanimously on August 26, 1998 to grant the anance of 12 feet for the construction of the pier, ramp and float. The permit is nditioned upon compliance with plans of Cape& Islands Engineering dated July 2 1, 98 and revised July 31 and August 5, 1998.