04/28/1993 ZONING BOARD OF APPEALS Decisions

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Tobin of ;ffiaobpee l '. //)R 16 GREAT NECK ROAD NORTH my y MASHPEE, MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Marcella J. Bradshaw for a Variance V-93-28 A Petition was filed by Marcella J. Bradshaw of Dover, Massachusetts for a Variance from Section 174-25.1.9 of the Zoning By-laws for permission to exceed::the 70' dock length to allow a 95' length in an R-3 zoning district on property located at 58 Popponesset Island Road (Map 106, Block 25) Mashpee, MA. (Owner of record: Melvin B. and Marcella J. Bradshaw) . Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Enterprise, a newspaper of general circulation in the Town of Mashpee on April 9 and April 16, 1993, a copy of which is attached hereto and made a part hereof. A public hearing was held on the Petition at the Mashpee Town Hall on Wednesday, April .28, i1993'_at 7:30 P.M. at which time the following members of the Board of Appeals were present and acting throughout: John J. Friel, Michael A. Makunas and Edward M. Govoni. Environmental Planner Mario DiGregorio and Engineer Roger Michniewicz represented the applicant and presented plans for a 70' fixed pier and a seasonal ramp and two floats for a total length of 95' . Mr. DiGregorio informed the Board that the length was necessary to provide water depth for a 13' Boston Whaler boat and to protect the shellfish resources in the area. Comments were received from the Conservation Commission stating that the Commission is not averse to docks exceeding 70' if the length is necessary to provide sufficient water depths to preclude damage to resource areas. The Board found that there were circumstances relating to the topography of the land in question which did not affect generally the zoning.district in which the land is located and that a literal