01/17/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Michael J. and Andrea L. Yanoff- V-96-5 2 r Findings: A. General 1. the subject property is located at 18 Wheelhouse Lane (Map 120, Block 158) and consists of 17,149 square feet fronting on Great River. 2. the immediate neighborhood consists of single family homes many of which have a dock on Great River. 3. the proposed dock is accessory to an existing dwelling and is a permissible use with 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 By-laws and requires a Variance to exceed the 70 foot dock limit of the by-laws. 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. C. Specific Findings 1. the subject property fronts on Great River and is substantially impacted by the coastal wetlands. 2. the shape and topography of the lot create a hardship in the placement of the dock. 3. the unusual topography affects this lot and not the district in which it is located. 4. the dock has been designed for maximum protction of the marshes and will be shared with an adjacent property thus reducing the impact on the environment. 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 June 26, 1996 to grant the a Variance of 102 feet to allow construction of a 172 foot dock on Great River. The Variance is referenced on plans of Michael H. Grotzke revised June 6, 1996.