06/09/1993 ZONING BOARD OF APPEALS Decisions

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Tobin of ;ffia obpee \ '. 16 GREAT NECK ROAD NORTH m MASHPEE, MA 02649 ne,.t co• BOARD OF APPEALS DECISION FOR A VARIANCE RE: Betty M. Crosby for a Variance V-93-46 A Petition was filed by Betty M. Crosby of Mashpee, Massachusetts for a Variance from Section 174-25.I.9 of the Zoning By-laws for permission to vary the length requirements on piers to allow a 90' length in an R-3 zoning district on property located at 2 Popponesset Island Road (Map 105, Block 267) Mashpee, MA. (Owner of record: Douglas R. Crosby TRS.) 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 May 21 and May 28, 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, June, 9, 1993 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 new pier 90' in length from mean high water. Mr. DiGregorio informed the Board that the length was necessary to provide water depth for a 16' boat and to protect the shellfish resources in the area. 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 enforcement of the by-laws would involve substantial hardship. The Board determined that relief could be granted without derogating from the intent of the by-laws and without detriment to the public good.