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Board of Appeals D. S. Trust / Susan Fort TRS. - v-97-03 2. <br /> FINDINGS <br /> A. General <br /> 1. the subject property is located at 78 Spoondrift Way and consists of 26,384 <br /> square feet fronting on Popponesset Creek. <br /> 2. the immediate neighborhood consists of single family homes many of which <br /> have docks on Popponesset Creek. <br /> 3. the length of the proposed pier, ramp and float does not comply with the <br /> provisions of the Bylaws and the applicant requires a Variance to exceed 70' in <br /> length. <br /> B. Variance Criteria <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> cause hardship. <br /> C. Specific Findings <br /> 1. the subject property fronts on Popponesset Creek and is substantially impacted <br /> by extensive salt marsh areas. <br /> 2. the shape and topography of the lot prevent the placement of the dock in any <br /> other location. <br /> 3. the unusual topography affects this lot and not the district in which it is <br /> located. <br /> 4. the Board found that relief may be granted without detriment to the public <br /> good. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the applicant <br /> met the criteria necessary for the granting of a Variance. Upon motion duly made and <br /> seconded the Board of Appeals voted unanimously on January 22, 1996 to grant the <br /> Variance to allow the dock length of 102'. This Decision is conditioned upon compliance <br /> with plans of Cape& Islands Engineering revised January 22, 1997. <br />