04/01/1987 ZONING BOARD OF APPEALS Minutes

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2 - to the Site currently maintain docks on the Great River, and the Dock to be constructed by the Applicant will extend no further into the Great River than the docks of the abutting property owners . Thus, construction of the Dock will not unduly interfere with free passage of travel by water or cause a substantial disruption of the marine environment. Construction of Dwelling. The Applicant also requests a determination by the Board of Appeals based upon Section 5.5 of the Zoning by-law that no special permit, variance or other zoning relief is required in connection with the construction of a single family dwelling on the Site. Section 5 .5 of the Zoning By-law provides that: [ n] on-Conforming lots may be developed as allowed by M.G.L. Chapter 40A, Section 6 or in conformance with the following: Non-Conforming Lots: A lot which was lawfully laid out by a plan or deed duly recorded in the Registry of Deeds which complied with all zoning requirements, if any, in effect at the time of recording, but which, through subsequent adoption or amendment of a zoning by-law imposing minimum area, frontage, width, depth or yard requirements, or more than one such requirement, in excess of those in effect at the time of recording, no longer meets the requirements of this by-law with regard to those items. The Site was lawfully laid out on a plan which was filed with the Barnstable County Land Registration Office on April 28 , 1970 . A copy of a portion of such plan is attached hereto as Exhibit A. At the time of recording the plan, the Site complied with all zoning requirements in effect as set forth below.