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Page 2 <br /> Evidence was received during the conduct of the hearings from the <br /> Mashpee Conservation Commission, the Herring Warden, D.E.Q.E. and from <br /> numerous other sources that substantial degrading of the Mashpee River <br /> was currently taking place at the site of Lots 14 & 15 and that the plan <br /> as presented by Mr. Sullivan would exacerbate this process of siltation <br /> of the River which would havea serious impact on the continuing life of <br /> the River as a fish run for alewives and brook trout. The evidence fur- <br /> ther indicated that the variance request in its present form could not be <br /> granted without constituting a detriment to the area and without substan-, <br /> tial derogation from the intent and purpose of Section 11A of the Zoning <br /> By-Law. The evidence further indicated a lack of substantial hardship. <br /> The facts presented to the Board indicate that the Applicant has <br /> a <br /> other options available for use of Lot 15 for construction of a dwelling <br /> other than the design set forth on his plan submitted to the Board which <br /> design the Board finds to be harmful to the Mashpee River. <br /> The Board voted unanimously to deny the request for Variance without <br /> prejudice on the basis of failure of the Applicant to show that a grant <br /> of the variance would not constitute a substantial detriment to the public <br /> good, would not substantially derogate from the intent and purpose of <br /> section 11A, and would not constitute a substantial hardship. <br /> BY: <br /> M SHPEE BOARD Of APPEALS <br /> TO DENY <br /> � Wi is LHanrahan <br /> TO DENY <br /> IBM <br /> � � <br /> TqlthzTel Makunas <br /> TO DENY <br /> war ov'oni- <br />