05/14/1997 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Board of Appeals Sandeep D. and Rachel Alva - V-97-41 2. FINDINGS A. General 1. the subject property is located at 190 Daniel's Island Road and contains 16,905 square feet fronting on Ockway Bay. 2. the immediate neighborhood consists of single family homes many of which have a dock on Ockway Bay. 3. the proposed dock will be accessory to an existing dwelling and is a permissible use within the R-3 zoning district upon grant of a Special Permit from the Board of Appeals. 4. the length of the proposed pier, ramp and float does not comply with the provisions of the Zoning By-laws and the applicant requires a Variance to exceed 70 feet in length. 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 result in hardship to the petitioner. C. Specific Findings 1. the subject property fronts on Ockway Bay 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. 4. the proposed 240 foot walkway, pier, ramp and float will be an improvement to the property and result in less impact on the marshland environment. s 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 May 14, 1997 to grant a Variance of 170 feet to allow the 240 foot walkway, pier, ramp and float. The Decision is conditioned upon compliance with plans of Cape and Islands Engineering dated April 4, 1997 and revised May 6, 1997.