1987 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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render the current zoning by-law limitation too restrictive in this unique instance with respect to the petitioner's proposed pier. In addition, the Board of Appeals determined that a literal enforcement of the provisions of the zoning by-law would involve substantial hardship to the petitioner and relief may be granted to the petitioner without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purposes of the Mashpee Zoning By-Law. Specifically, the hardship which would result to the petitioner if literal enforcement of the zoning by-law is required would be an inability by the family, particularly a handicapped family member, to utilize Jehu's Pond for theraputic purposes. The Board was informed that all necessary permits have been obtained from the State and Federal governments. Comments were received from the Mashpee Conservation Commission. Upon motion duly made and seconded the Board of Appeals voted unani- mously on October 28, 1987 to grant the dock Variance of thirty-eight (38) feet from the edge of the marsh as requested with the stipulation that this applicant comply with all "Orders of Conditions" setforth by the Mashpee Conservation Commission. This Variance shall be referenced to plans on file dated December 12, 1983 and revised February 27, 1985: BY: tia�t MASHPEE BOARD OF APPEALS IN FAVOR 22 0 7987 Manuel Costa IN FAVOR f• ich el Makun s IN FAVOR Edward Govon'