02/26/1997 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Board of Appeals Mashpee Harbormaster's Facilities - V-97-17 2. FINDINGS A. General 1. the subject property is located at 88 Seconsett Island Road and contains 9,212 square feet fronting on Little River. 2. the lot is substantially impacted by coastal wetlands. 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 shape and topography of the lot prevent the placement of the Harbormaster's building in any other location. 2. the unusual topography and the impact of the wetlands areas affect this lot and not the district in which it is located. 3. the unpaved access from Seconsett Island Road is accessible to vehicular traffic and is typical of many unpaved roads in the Town. 4. the Board found that the granting of a Variance would not derogate from the intent of the By-laws nor would it be a detriment to the neighborhood. Upon motion duly made and seconded the Board of Appeals voted unanimously on February 26, 1997 to grant a Variance of 10 feet to allow a 5 foot sideline setback on the Northwest side and a Variance of 4 feet to allow a front setback of 36 feet and a Variance to allow access from an unpaved road. This Decision is conditioned upon compliance with plans of Cape & Islands Engineering 011597 dated January 15, 1997 and signed by the Chairman of the Board of Appeals.