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Board of Appeals Ronald E. and Cheryl A. Nation and Martha M. Palank 2. <br /> V-97-33 <br /> Findings: <br /> a. General : <br /> 1. the subject property is located at 175 Daniel's Island Road (Mashpee Assessor's Map <br /> 100, Map 41) and consists of 19,800 square feet fronting on Popponesset Bay. <br /> 2. the immediate.neighborhood consists of single family homes most of which have a <br /> dock on Popponesset Bay. <br /> _ 3. the existing dock is accessory to an existing dwelling and is a permissible use within <br /> the R-3 zoning district upon grant of a Special Permit from the Board of Appeals. The <br /> original Special Permit for the dock was filed with the Town Clerk on December 11, <br /> 1985. The Modification to the Special Permit was filed with the Town Clerk on April <br /> 29, 1997. <br /> 4. the length of the pier, ramp and float does not comply with the provisions of <br /> the Zoning By-laws and the applicant requires a Variance to exceed 70'. <br /> b. Variance Criteria: <br /> Section 10 of Chapter 40A requires that the permit granting authority determine that <br /> there are circumstances relating to the shape and topography which affect this lot and not <br /> the district in which it is located and that a literal enforcement of the by-laws would <br /> involve hardship. <br /> c. Specific Findings <br /> 1. the subject property fronts on Popponesset Bay and is substantially impacted by <br /> location in the flood zone and the coastal wetlands. <br /> ` 2. the shape and topography of the lot prevent the placement of the dock in any other <br /> location. <br /> 3. the unusual topography affects this lot and not the district in which it is located. <br /> 4. the 136 foot length of the dock will be an improvement with less impact on the marine <br /> environment. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the <br /> applicant met the criteria necessary for the granting of a Variance. Upon motion duly <br /> made and seconded the Board of Appeals voted unanimously on April 23, 1997 to grant <br /> the Variance of 66 feet to allow for a dock length of 136 feet. The Variance is referenced <br /> by plans of Guerriere & Halnon, Inc. revised April 24, 1997. <br />