1987 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

Home Browse Search

DOLPHIN BAY CORPORATION DECISION Page 2 Hole Road, which such portion is shown on plan referred to above. The Board noted that there is within the proposed Open Space area an extensive wetland paralleling Noisy Hole Road, which said wetland area is broken only by a small area of upland, which is the natural entry way for the project. Unfortunately, the use of said natural entry way to the project requires the construction of a road in a portion of the premises which would be dedicated to Open Space, and thus the need for a variance, to permit the construction of said road in said Open Space area. The Board finds that the development of Open Space plans pursuant to 9.3.3 of the Zoning by-Law is to be encouraged, and is consistant with the spirit of said Zoning By-Law. The Board also finds that the proposed entryway, as shown on said plan, is most suitable, and that, due to the configuration of the wet- lands on the site, is the only logical entryway for the development. It is the boards opinion that, owing to circumstances relating to the soil conditions, shape .or topography of the land, and especially affecting said land, not affecting generally the Zoning District in which the land is located, a literal enforcement of the provisions of the Ordinance or By-Law would involve substantial hardship, financial or otherwise to the Petitioner. The Board also finds that the granting of desirable relief may be made without substantial detriment to the public good and without nullifying or substantially derrigat- ing from the intent of purpose of such Ordinance or By-Law. Upon motion duly made and seconded the Board of Appeals voted unanimously on September 23, 1987 to grant the Variance from the provisions of Section 9.3.3.1 of the Zoning By-Laws, and specifically permits the construction of a 40 foot wide roadway easement across land which would be dedicated to Open Space use under a proposal permitted pursuant to Section 9.3.3, which said road is approxi- shown on the aforementioned plan prepared for Dolphin Bay Corporation dated ` September 5, 1987 and is drawn by Cape & Islands Surveying, Inc.