10/08/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Stephen Lempitski 2 V-08-45 GENERAL FINDINGS 1. that the subject property is located at 102 Captains Row and contains 22,680 square feet. CRITERIA Section 174-25.I.9 states that the Board must find that the structure will not unduly interfere with the free passage of travel by water or land or cause or contribute to the substantial disruption or degradation of the marine or coastal environment. SPECIFIC FINDINGS 1. that the proposed dock will be an accessory to an existing dwelling and is a permissible use upon the grant of a Special Permit. 2. that the proposal has been approved by the Harbormaster and the Shellfish Constable whose responsibilities include safety on the water and protection of the marine enviromment. 3. that the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 4. that the use is in harmony with the general purpose and intent of the By-laws. 5. that the owner has rights to maintenance in perpetuity. 6. that filing with the Corps of Engineers shall be considered execution of the Special Permit. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on October 8, 2008 to grant a Variance of 22 feet. The Variance is conditioned upon compliance with plans from Cape & Islands Engineering, dated September 11, 2008, File 238 MA.