12/9/1992 ZONING BOARD OF APPEALS ZBA Decision

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1 ' �ttt,TON;1 4, r^ Tobin of ftlas;bpee 16 GREAT NECK ROAD NORTH 'q� Bit F`Yy. MASHPEE, MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Benway Sisters' Trust for a Variance - V-92-83 A Petition was filed by the Benway Sisters' Trust of N. Palm Beach, Florida for a Variance from Section 174-25.1.9 of the Zoning By-laws for permission to vary the dock length of 70' in an- R-3 zoning district on property located at 12 Popponesset Island Road (Map 105, Block 266) Mashpee, Massachusetts. 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 November 20 and November 27, 1992, 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, December 9, 1992 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 Cheryl A. Hawver. Engineer John Slavinsky represented the applicant and explained that they had received a Special Permit for a dock but that both the Conservation and Shellfish Commission had suggested that the length be extended 25' for a total length of 95' . He explained that this will result in an additional one foot depth of water and would lessen any impact on the marine environment. 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.