04/28/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Robert W. & Natalie K. Schlundt SP -99-34 2 Mr. Regan agreed that the project is sensible since the walkover structure will avoid disturbing the marsh in the area. Mr. Hauck stated that this petition comes under the Board's jurisdiction because the applicants are connecting a land structure with the ramp and float. Mr. Fohlin, an abutter, attended the meeting and stated that he has no objection to the proposal. He informed the Board that he and another neighbor would also like to build one dock that they would share. Mr. Regan suggested that Mr. Folan start the procedure to obtain a Special Permit for construction of his own dock. No other comments were received from abutters. FINDINGS General Findings 1. the subject properties are located at 27 Wheelhouse Lane (Map 120 Block 166) and 5 Waterline North Drive (Map 120 Block 17 1) Mashpee; MA. Special Permit Criteria Section 174-25.I.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 1. the proposed seasonal docking facility 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 approved 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 harmony with the general purpose and intent of the By-laws. 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 28, 1999 to grant the Special Permit. The Permit is conditioned upon compliance with "The BSC Group, Inc. Site Plan and Vegetation Management Plan for 27 Wheelhouse Land and 5 Waterline Drive North in Mashpee, Massachusetts, Dated September 8, 1998, Revised 12/21/98 and 4/14/99, Prepared for Robert Schlundt, Drawing No. 4267-01, Job No. 4-0179.00".