12/14/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning 2 Board of Appeals Richard Kearney SP-05-126 would like that deleted from the decision and substituted with pier, ramp and float. Mr. Cauley said that it fine. The Board discusses the plans and mentions this was the large house they approved a year or so ago. Mr. Nelson was not happy with that outcome and is not inclined to vote in favor of this either. Jonathan Furbush makes a Motion to approve the special permit. Ms. Elizenberry seconds the motion. The motion is put to a vote and a roll vote is taken. Mr. Cunha votes in favor. Ms. Elizenberry votes in favor. Mr. Furbush votes in favor. Mr. Borgeson votes in favor. Mr. Nelson votes against the motion. The motion is carried 4-1. SPECIAL PERMIT CRITERIA Section 174-25.L9 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. GENERAL FINDINGS 1. that the subject property is located at 429 Monomoscoy Road and contains 22,350 square feet. SPECIFIC FINDINGS The Board determined that: l. the proposed dock will be an accessory to an existing dwelling and is a permissible use upon the grant of a Special Permit. 2. the proposal has been approved by the Shellfish Constable whose responsibilities include protection of the marine environment. 3. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 4. the use is in harmony with the general purpose and intent of the By-laws. 5. the owner has rights to maintenance in perpetuity. 6. filing with the State DEP Wetlands Program shall be considered execution of the Special Permit. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the r Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion