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Mashpee Zoning <br /> Board of Appeals James and Barbara DeVincent <br /> 2 SP-04-93 <br /> SPECIAL PERMIT CRITERIA <br /> Section.174-25.I.9 states that the Board must find that the structure will not <br /> unduly intgr'tere with the free passage of travel by water or land or cause or contribute <br /> to the substantial disruption or degradation of the marine or coastal environment. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 122 Old Brickyard Road and contains <br /> .19 acres. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> l. the proposed dock will be an accessory to an existing dwelling and is a <br /> permissible use upon the grant of a Special Permit. <br /> 2. the proposal has been approved by the Shellfish Constable whose <br /> responsibilities include protection of the marine environment. <br /> 3. the proposal has been reviewed by the Conservation Commission to address <br /> impacts on the coastal environment. <br /> 4. the use is in harmony with the general purpose and intent of the By-laws. <br /> 5. the owner has rights to maintenance in perpetuity. <br /> 6. filing with the State DEP Wetlands Program shall be considered execution of <br /> the Special Permit. <br /> 7. that the Board has determined that when the applicant files with the Corps of <br /> Engineers, it shall be considered as execution of the Special Permit. <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 Special Permit. Upon motion <br /> duly made and seconded,the Zoning Board of Appeals voted unanimously on July 28, <br /> 2004 to grant a Special Permit. The Special Permit is conditioned upon compliance with <br /> plans from Cape & Islands Engineering, dated June 8, 2004, File No. 154MA, as <br /> prepared for James DeVincent. <br />