02/10/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Ann Mabardy, Francis G. McGee 2 Kimberly McGee, et al SP-99-9 Mr. Govom stated that the Board of Appeals has no jurisdiction over the size of the boat beam. He suggested that Mr. Zammito contact the Harbormaster as the proper authority to address the size of the boat beam and navigational concerns. Mr. Zarnmito's brother, Chris, requested that the decision voted upon by the Board at this meeting be recorded at the Registry of Deeds. Mr. Govoni assured Mr. Zarnmito that all decisions must be recorded at the Barnstable County Registry of Deeds before a building permit can be issued. No other comments were received from abutters. FINDINGS General Findings I. the subject property is located at 16 Spoondrift Circle and consists of 12,075 . square feet fronting on Spoondrift Cove in Popponesset Creek. 2. the immediate neighborhood consists of single family homes, many of which have docks on Spoondrift Cove in Popponesset Creek. 3. 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 4. the length of the proposed pier, ramp and float complies with the provisions of the By-laws. 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 on the marine or coastal environment. Specific Findings I. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 2. the proposal has been submitted to and approved by the Harbormaster and the Shellfish Constable whose responsibilities include safety on the water and protection of the marine environment. 3. the use is in harmony with the general purpose and intent of the By-laws. 4. the float has been reduced in size from the original Special Permit from an 8 x 24 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 February 10, 1999 to grant the Special Permit. The permit is conditioned upon compliance with plans of Cape & Islands Engineering, dated August 1, 1996.