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Ioban of jaubpee <br /> • i; F <br /> 16 GREAT NECK ROAD NORTH <br /> N� <br /> e,.f;co�~y MASHPEE, MA 02649 <br /> BOARD OF APPEALS <br /> DECISION <br /> FOR A VARIANCE <br /> RE: Stanley and Mindy S. Wachtenheim for a Variance V-92-76 <br /> A Petition was filed by Stanley and Mindy S. Wachtenheim for <br /> a Variance from Section 174-25.I.9 of the Zoning By-laws for permission <br /> to vary the dock length of 70' in an R-3 zoning district on property <br /> located at 78 Popponesset Island Road (Map 106, Block 30) Mashpee, <br /> MA. <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General Laws Chapter 40A. Notice was given by publication in The <br /> Enterprise, a newspaper of general circulation in the Town of Mashpee <br /> on October 30 and November 6, 1992, a copy of which is attached <br /> hereto and made a part hereof. <br /> A public hearing was held on the Petition at the Mashpee Town <br /> Hall on Wednesday, November 18, 1992 at 7:30 P.M. at which time <br /> the following members of the Board of Appeals were present and acting <br /> throughout: John J. Friel, Michael A. Makunas and Edward M. Govoni. <br /> Attorney William Henchy represented the applicant and informed <br /> the Board that the Conservation Commission had recommended extending <br /> the proposed dock from JO' to 95' to lessen impacts on the marine <br /> environment. <br /> The Board found that there were circumstances relating to the <br /> topography of the land in question which did not affect generally <br /> the zoning district in which the land is located and that a literal <br /> enforcement of the by-laws would involve substantial hardship. <br /> The Board determined that relief could be granted without derogating <br /> from the intent of the by-laws and without detriment to the public <br /> good. <br />