12/08/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Mute Swan Corporation 2 SP-04-162 - commencement of substantial construction on the house and/or obtaining a building permit. The Board moves 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 333 Simons Narrows Road and contains 23,000 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 enviromnent. 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. 7. that the Board has determined that when the applicant files with the Corps of Engineers, it shall be considered as 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 Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on June 22,2005 to grant a special permit. Permit is conditioned on Plans from Cape &Islands Engineering, file 165MA, dated November 3, 2004 and revised December 16, 2004. Permit is also conditioned on substantial commencement of building on the lot at 333 Simons Narrows Road.