01/08/2003 ZONING BOARD OF APPEALS Decisions

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"I • 18 0 Mashpee Zoning Board of Appeals John J. Reardon Trust, Quality Homes Realty Trust 2 SP -03-10 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. SPECIFIC FINDINGS The Board determined that: 1. that the proposed dock will be an accessory to an existing dwelling and is a permissible use upon the grant of a Special Permit. 2. that the Shellfish Constable, whose responsibilities include protection of the marine environment, has approved the proposal. 3. that the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 4. that the use is in harmony with the general purpose and intent of the By-laws. 5. that the owner has rights to maintenance in perpetuity. 6. that 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 applicant 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 January 8, 2003 to grant the Special Permit. The Special Permit is conditioned upon compliance with engineering plans from Cape & Islands Engineering, File 768ACC, dated December 11, 2002.