09/13/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Brian Howes 2 Board of Appeals George A. & Cina Saliba Ray Bachand SP-00-163 GENERAL FINDINGS 1. that the structure shall be physically located at 72 and 74 Summersea Road. 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 will be an accessory to an existing dwelling and is a permissible use upon the grant of a Special Permit. 2. that the proposal has been approved by the Shellfish Constable whose responsibilities includeprotection of the marine environment. 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. r, In view of the foregoing,the Mashpee Zoning Board of Appeals found that f rl iI the Petitioner 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 September 13, 2000 to grant a Special Permit. The Special Permit is conditioned upon compliance with the following: 1. Holmes and McGrath, Inc. plan entitled: "Site Plan of Proposed Common Pier, Prepared for Brian Howes, For Lots 100, 101 & 102 Summersea Road in j Mashpee, MA., Job No: 98538, Date: June 19, 2000". j 2. that the Petitioner shall submit to the Zoning Board of Appeals all easements for access to the dock that are recorded at the Barnstable County Registry of Deeds and such easements shall be attached to the Decision. i r j