01/13/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals John L. & Cynthia J. West SP-99-1 2 Mr. James Hanks, Chairman, Waterways Commission, who also attended the meeting, informed the Board that any substantial change made to a plan must be filed with the DEP for a new Chapter 91 waterways license. Mi. West informed the Board that he would apply for a new DEP Chapter 91 waterways license before he starts construction of the ramp and the float. The Waterways Commission, the Harbormaster and the Conservation Commission have all approved the project. No comments were received from abutters. FE%TDINGS General Findings 1. the subject property is located at 26 Russell Road and consists of 1.2 acres of land fronting on Little River. Special Permit Criteria Section 174-25.1.9 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 I. the proposed dock will be an accessory to an existing dwelling and is a permissible use within the R-3 zoning district upon grant of a Special Permit from the Board of Appeals. 2. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 3. the proposal has been approved by the Harbormaster whose duties include safety on the water and protection of the marine environment. 4. the use is in harmony with the general purpose and intent of the By-laws. 5. the float has been reduced in size from the original Special Permit from an 8 x 16 foot float to a 6 x 16 foot float. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Board of Appeals voted unanimously on April 14, 1999 to grant a Special Permit for construction of the pier, subject to the following conditions: • construction of the pier only can be commenced at this time. • construction of the ramp and float will not proceed until the applicant has filed with and received approval from the DEP. • upon the applicant providing the Board with notification or evidence that the Chapter 91 waterways license has been filed in Land Court� the applicant can proceed with construction of the ramp and float. • upon the applicant filing with the State and the Army Corps of Engineers,the Board will consider that as execution of the Special Permit variance.