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ZoWn of Aubpee <br /> \' :;• 16 GREAT NECK ROAD NORTH <br /> 11P jc,Ye MASHPEE, MA 02649 <br /> BOARD OF APPEALS <br /> DECISION <br /> FOR A VARIANCE <br /> RE: Richard M. Cushner for a Variance <br />�. . V-93-45 <br /> 1 <br /> A Petition was filed by Richard M. Cushner of Tewksbury, <br /> Massachusetts for a Variance from Section 174-25.1.9 of the Zoning <br /> By-laws for permission to exceed the 70' dock length to allow a <br /> 126' length in an R-3 zoning district on property located at <br /> 22 Samoset Road (Map 125, Block 65) Mashpee, Massachusetts. <br /> (Owners of record: Richard M. and Estelle G. Cushner) . <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General Laws Chapter 40A• Notice was given by publication in The <br /> Enterprise, a newspaper of general circulation in the Town of Mashpee <br /> on June 4 and June 11, 1993, a copy of which is attached hereto and <br /> made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town <br /> Hall on Wednesday, June 23, 1993 at 7:30 P.M. at which time the following <br /> members of the Board of Appeals were present and acting throughout: <br /> John J. Friel, Michael A. Makunas and Edward M. Govoni. <br /> Attorney Kevin Kirrane represented the applicant and informed <br /> the Board that the applicant had received an earlier permit but that <br /> Conservation had requested that the structure be redesigned to allow <br /> for more water depth at the end of the dock. <br /> The Board found that there were circumstances relating to the <br /> topography of the land in question which did not affect generally <br /> the zoning district in which the land is located and that a literal <br /> enforcement of the by-laws would involve hardship. The Board <br /> determined that relief could be granted without derogating from the <br /> intent of the by-laws and without detriment to the public good. <br />