03/26/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Henry and Elizabeth Spohr Board of Appeals SP -03-44 338 Monomoscoy Road complete with an occupancy permit issued before the dock can be built." The Board moves to grant the Special. The Conservation Commission and the Shellfish Constable have approved the project. No comments were received from abutters. GENERAL FINDINGS 1. that the subject property is located at 338 Monomoscoy Road and contains 49,900 square feet. 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 1. that the proposed dock cannot be built until an occupancy permit has been issued for the proposed dwelling on said property. 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 Corps of Engineers 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 May 28, 2003 grant the Special Permit. The Special Permit is conditioned upon compliance with Cape & Islands Engineering plan entitled "Plan of 2 Proposed Piers, Ramps & Floats" as prepared for Elizabeth Spohr, dated February 15, 2003, revised March 18, 2003 and revised April 11, 2003, plan no. 021503, flood panel 250009 0008 F, July 2, 1992, Flood . Zone A14 (EL. 11)