10/24/2001 ZONING BOARD OF APPEALS Decisions

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1 Mashpee Zoning James Mitchell, Trustee SP-01-106 2 Board of Appeals Popponesset Bay Realty Trust No comments were received from abutters. SPECIAL PERMIT CRITERIA Section 174-2519 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. GENERAL FINDINGS I' 1. that the subject property is located at 43 Shoestring Bay and contains 0.90 acres of land fronting on Popponesset Bay. SPECIFIC FINDINGS C The Board determined that: 1. the proposed dock will be an accessory to the dwelling that is currently under construction on the subject property. 2. the proposed construction is a permissible use upon the grant of a Special , Permit. 3. the Shellfish Constable, whose responsibilities include protection of the marine environment, has approved the proposal. 4. the proposal has been reviewed by the Conservation Commission to address " impacts on the coastal environment. it 5. the use is in harmony with the general purpose and intent of the By-laws. 6. the owner has rights to maintenance in perpetuity. 7. 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 Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded the Zoning Pp Board of Appeals voted unanimously on December 12, 2001 to grant a Special Permit. The Special Permit is conditioned upon compliance with plans entitled"Plan Showing Proposed Pier, Ramp and Float with Anchor Pilings, with Existing Ramp Removal &Restoration Work, Lot 32 Shoestring Bay Road, Mashpee, MA., Date Jan. 22, 2001, 12/11/01, Cape Cod Engineering, Inc., Robert M. Perry, P.E." i i , j