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Mashpee Zoning <br />Board of Appeals John Belland <br />1 SP -03-41 <br />• SPECIAL PERMIT CRITERIA <br />Section 174-25.I.9 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 to 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 44 Barbary Circle and contains 25,100 <br />square feet. <br />SPECIFIC FINDINGS <br />The Board determined that: <br />1. the existing 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 environment. <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 March 26, <br />2003 to grant a Special Permit on the subject property. The Special Permit is conditioned <br />on plans from Falmouth Engineering, dated February 4, 2003, Project No. 02149, CAD <br />File Name 02149SP as prepared for John Belland. <br />• <br />