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12/14/1994 ZONING BOARD OF APPEALS Decisions
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12/14/1994 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Albert S . and Corrine Wickel V-94-93 2 . <br /> Findings : <br /> a. General : <br /> 1 . the dock is accessory to an existing dwelling <br /> situated on a 33, 400 sf lot on the Mashpee <br /> River . The parcel is situated in the R-5 <br /> zoning district , and an accessory pier is a <br /> permissible use within that District upon grant <br /> of a Special Permit from the Zoning Board of <br /> Appeals . The Special Permit was granted <br /> December 14 , 1994 . <br /> 2 . the length of the proposed pier , ramp and float <br /> requires a Variance from the provisions of the <br /> 'by-laws since it exceeds 70 ' . <br /> b. Specific findings : : <br /> 1 . the subject lot contains a steep embankment- at <br /> the rear with access to the marsh and river `. <br /> more than 100 ' from the top of the bank . This <br /> unusual topography affects the land in question <br /> but not the zoning district in which the land <br /> or structure is located. The dock length to <br /> 167 . 5 ' is necessary to have sufficient water ; :r. ' .. <br /> for boating . <br /> 2 . due to the topography of the land a literal <br /> enforcement of the provisions of the zoning <br /> by-law would involve substantial hardship to <br /> the applicant. <br /> 3 . the Board agreed that relief could be granted <br /> without nullifying or derogating from the - <br /> intent of the by-law <br /> 4 . the proposal will not be a detriment to the <br /> area. <br /> In view of the foregoing, the Mashpee Board of <br /> Appeals found that the applicant met the criteria necessary <br /> for the granting of a Variance to exceed the 70 ' length <br /> restriction and allow for length of 167 . 5 ' . Upon motion <br /> duly made and seconded the Board of Appeals voted <br /> unanimously on December 14 , 1994 to grant the Variance <br /> referenced by plans of ARO Engineering, Inc . dated <br /> September 22 , 1994 . <br />
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