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Board of Appeals David W. &Diana L. Damon SP-99-5 2 <br /> FINDINGS <br /> General Finding <br /> 1. the subject property is located at 89 Whippoorwill Circle and consists of <br /> 18,700 square feet. <br /> Special Permit Criteria <br /> Section 174-25.1.9 states that the Board must find that the structure will <br /> not unduly interfere with the fi7ee passage of travel by water or land or cause or contribute <br /> to the substantial disruption or degradation on the marine or coastal environment. <br /> Specific Finding <br /> I. the proposed 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 approved by the Harbormaster whose responsibilities <br /> include protection of the marine environment and safety on the water. <br /> 4. the proposal has been reviewed by the Conservation Commission to address <br /> impacts on the coastal environment. <br /> 5. the use is in harmony with the general purpose and intent of the By-laws. <br /> 6. rights to maintenance in perpetuity. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the applicant <br /> met the criteria necessary for the granting of a Special Permit. Upon motion duly made <br /> and seconded, the Board of Appeals voted unanimously on January 13, 1999 to grant the <br /> Special Permit. The permit is conditioned upon compliance with plans of Cape& Islands <br /> Engineering, being Plan No. 111698, dated November 16, 1998 and revised November <br /> 23, 1998, Scale F' =20 ft. <br />