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Board of Appeals Randy Bern - V-96-46 2. <br /> 7 <br /> FINDINGS: <br /> A. General: <br /> 1. the subject property is located at 10 Wheelhouse Lane (Map 120, Block 156) <br /> and consists of 14,044 square feet fronting on Great River. <br /> 2. the immediate neighborhood consists of single family homes many of which <br /> have docks on Great River. <br /> 3. the proposed dock is an extension of a dock which has a Special Permit filed <br /> with the Town Clerk on April 2, 1987. <br /> 4. the length of the proposed dock extension does not comply with the provisions <br /> of the current By-laws and the applicant requires a Variance to exceed 70 feet <br /> in 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 existing dock is located in very shallow water and the Conservation <br /> Commission, Harbormaster and Shellfish Warden have recommended the <br /> extension to 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 /> 4, the overall length of the dock will be 153 feet and will be an improvement to <br /> the site with less impact on the marine environment. <br /> 5. the Board determined that the applicant did not require a modification of the <br /> original Special Permit. <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 July 24 to grant a Variance of 83 <br /> feet to allow a total dock length of 153 feet. The Board noted that the actual extension of <br /> the dock is 52 feet but to comply with the current Town By-law limit of 70 feet the <br /> Variance required is 83 feet. The Variance is conditioned upon compliance with plans of <br /> Michael H. Grotzke dated June 19, 1996. <br />