02/08/1995 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Board of Appeals Gregory J. and Carol L. Yurek V-95-16 2. Findings: a. General : 1. the subject property is located at 199 Daniel's Island Road (Mashpee Assessor's Map 100, Map 35) and consists of 20,651 square feet fronting on Popponesset Bay. 2. the immediate neighborhood consists of single family homes most of which have a dock on Popponesset 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 Bylaws and the applicant requires a Variance to exceed 70'. 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 Popponesset Bay and is substantially impacted by location in the Fema Zone V 17 and the coastal wetlands. 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 96' length of the dock will be an improvement with less impact on the marine environment. 5. the Board determined that a 10' sideline Variance was not necessary since the setback conformed to the earliest zoning. 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 February 8, 1995 to grant the Variance of 26' to allow for a dock length of 96'. The Variance is referenced by plans of Michael H.Grotzke dated February 8, 1995.