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08/27/1997 ZONING BOARD OF APPEALS Decisions
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08/27/1997 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Katharine F. Lingamfelter- V-97-52 2. <br /> FINDINGS: <br /> A. General: <br /> 1. the subject property is located at 65 Seconsett Point Road(Map 124,Block <br /> 14) and consists of 54,232 square feet fronting on Little River. <br /> 2. the immediate neighborhood consists of single family homes many of which <br /> have docks on Little River. <br /> 3. the length of the proposed dock does not comply with the provisions of the <br /> current By-laws and the applicant requires a Variance to exceed 70 feet 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 /> involve hardship. <br /> C. Specific Findings: <br /> 1. the proposed dock will be located in shallow water and the Conservation <br /> Commission,Harbormaster and Shellfish Warden have approved the length to <br /> mitigate the environmental impacts on the bottom of the bay. <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 /> 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 August 27, 1997 to grant a <br /> Variance of 62 feet to allow a total dock length of 132 feet from the edge of the wetlands.. <br /> The Variance is conditioned upon compliance with plans of Wm. M. Warwick& Assoc. <br /> Inc.revised August 27, 1997.. <br />
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