08/24/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Charles and Jean Viglas 2 Board of Appeals SP-04-115 (Dock Permit) Ferragamo is handling. The house was built in 1967 and was built 2 feet over the property line on abutter's property. The pier, ramp and float plans are reviewed by the Board as well as the new house plans with the engineers. The Board feels all of the paper work is acceptable for the new pier, ramp and float and move to grant the Special Permit. SPECIAL PERMIT 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. GENERAL FINDINGS 1. that the subject property is located at 10 Spoondrift Circle and contains .41 acres. SPECIFIC FINDINGS The Board determined that: 1. 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 Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on August 24, 2004 to grant a Special Permit. The Special Permit is conditioned upon compliance with plans from Cape & Islands Engineering, dated June 25, 2004, DEP Interim Approval No. 6955. G