06/23/1999 ZONING BOARD OF APPEALS Decisions

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Board of Appeals David M. & Karen Lupo SP -99-45 FINDINGS General Findings 1. the subject property is located at 65 River Road and consists of 29,980 square feet fronting on Mashpee River. Special Permit Criteria Section 174-25.L9 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. that the proposed dock will be an accessory to an existing dwelling and is a permissible use upon the grant of a Special Permit. 2. that the Board of Appeals has granted the applicants a Variance from the dock length requirements. 3. that the proposal has been reviewed by the Harbormaster and the Shellfish Constable whose responsibilities include safety on the water and protection of the marine environment. 4. that the proposal has been approved by the Conservation Commission whose responsibilities include addressing impacts on the coastal environment. 5. that the use is in harmony with the general purpose and intent of the By-laws. 6. that the owner has rights to maintenance in perpetuity. 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 June 23, 1999 to grant a Special Permit. The permit is conditioned upon compliance with plans of The Phoenix Group, Proposed Dock, Lupo Residence, 65 River Road, Map 89 Block 3F, Project No. 38771, Date: 2 Feb 1999, Revised 4/6/99.