02/28/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Chilton Development Co., Inc. SP-01-27 2 Board of Appeals 128 Waterway(pier,ramp and float SPECIAL PERMIT CRITERIA A Section 174-25.I.9 states that the Board must find that the structure will not B 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 128 Waterway and consists of 20,870 square feet fronting on Popponesset Creek. j SPECIFIC FINDINGS The Board determined that: 1. 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 reviewed by the Harbormaster and the Shellfish Constable whose responsibilities include safety on the water and protection of the marine environment. 3. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 4. the use is in harmonywith the general g purpose and intent of the By-laws. 5. the owner has rights to maintenance in perpetuity. 6. 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 Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimous) Feb Y on February 28,2001 to grant a Special Permit. The Special Permit is conditioned upon compliance with The Phoenix Group plan entitled"Shaker Residence, 128 Waterway,New Seabury, MA,Map 105 Block 232,Project No: 39221,Date: 13 July 2000,Revisions: 8/15/00, 9/12/00, 9/14/00, 9/28/00, 10/23/00, 12/6/00, 12/12/00". II