07/27/1994 ZONING BOARD OF APPEALS Decisions

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r Board of Appeals- Fred and Suzane M. Luconi V-94-56 2 . the length of the proposed pier , ramp and float is needed to achieve water depth at the float to accomodate a 33 ' boat . b . Variance Criteria: Section 10 of M. G .L. Chapter 40A requires that the permit granting authority make the following findings : ( 1 . ) that there are circumstances relating to the topography which affect the land in questions but not the zoning district in which it is located, ( 2 ) and that due to those circumstances a literal enforcement of the by-law would create a hardship, ( 3 ) that relief may be granted without nullifying or derogating from the intent and purpose of the by-laws and ( 4 ) that relief can be granted without detriment to the public good . c . Specific Findings : 1 . the topography of the ocean floor in the area creates circumstances relating to the lot in question and not the zoning district in which it is located . 2 . the shallow water conditions create a hardship in using the waterfront property and many lots in the area have docks exceeding the 70 ' limit . 3 . the revised design for .a dock and the Conservation Commission restrictions are an improvement from the original plans . 4 . that relief can be granted without detriment to the public good . 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 July 27 , 1994 to grant the Variance of 27 ' allowing a dock length of 97 ' . The Variance is referenced by plans of Holmes and McGrath Engineering revised July 21 , 1994 .