Laserfiche WebLink
Mashpee Zoning Brian &Judith Miller V-02-86 2 <br /> Board of Appeals <br /> SPECIAL PERMIT CRITERIA AND VARIANCE CRITERIA <br /> Section 174-25.1.9 of the Zoning By-laws states that the Board must find that the <br /> structure will not undulyinterfere <br /> with the free passage of travel by water or land or <br /> cause or contribute to the substantial disruption or degradation of the marine or coastal <br /> environment. Chapter 40A Section 10 requires that the permit granting authority <br /> determine that there are circumstances relating to the shape and topography which affect <br /> this lot and not the district in which it is located and that a literal enforcement of the <br /> By-laws would involve hardship to the Petitioner. , <br /> ( i <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 2 Popponesset Island Road and consists <br /> of 28,900 square feet of land fronting on Popponesset Bay. <br /> SPECIFIC FINDINGS (' <br /> The Board determined that: <br /> 1. the proposal is a permissible use and has granted a Special Permit, which is <br /> still valid. <br /> 2. the proposal has been approved by the Conservation Commission, whose <br /> responsibilities include addressing impacts on the coastal environment. j <br /> 3. the unusual and elongated shape, sloping topography and wetlands affect the �I <br /> � f ! <br /> subject lot; therefore, a literal enforcement of the By-laws would involve ! <br /> hardship to the Petitioner. <br /> 4. the use is in harmony with the general purpose and intent of the By-laws. �f <br /> 5. the owner has rights to maintenance in perpetuity. <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly <br /> made and seconded, the Zoning Board of Appeals voted unanimously on August 28, <br /> 2002 to grant a Variance of 20 feet to exceed the 70-foot total length limit to allow for <br /> construction of a pier, ramp and float on the subject property. The Variance is ! <br /> conditioned upon compliance with submitted plans and reference is made to Variance, <br /> V-01-18 and Special Permit, SP-01-19. ! ;, <br /> t <br />