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Mashpee Zoning 2 <br /> Board of Appeals Per A. Eldh <br /> SP-04-145 <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-25.19 states that the Board must find that the structure will not <br /> unduly interfere 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 172 Daniel's Island Road and contains <br /> .41 acres. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. 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 enviromnent. <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 /> 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 November <br /> 10, 2004 to grant a Special Permit. The Special Permit is conditioned upon plans from <br /> Cape & Islands Engineering, dated September 20, 2004, Plan No. 092004, File No. <br /> 109MA. <br />