11/10/1999 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning John C. & Sandra S. Hessler 2 Board of Appeals Harry C. &Janet E. Emmons SP-99-100 Mrs. Sandra Hessler confirmed that she and her husband and the Emmons family have agreed to the proposed land transfer and construction of the dock. GENERAL FINDINGS 1. the subject properties are located at 80 and 84 Punkhorn Point Way and front on Popponesset Bay. 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 of the marine or coastal environment. SPECIFIC FINDING 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 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. that the proposal has been approved by the Conservation Commission to address impacts on the coastal environment. 4. that the use is in harmony with the general purpose and intent of the By-laws. 5. that the owner has rights to maintenance in perpetuity. In view of the foregoing, the Mashpee Zoning 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 Zoning Board of Appeals voted unanimously on November 10, 1999 to grant a Special Permit to construct a pier, ramp and float. The Permit is conditioned upon compliance with the following: 1. that the dock be consriucted'as i dinghy dock and be recorded as such. 2. that a copy of the new plan showing the land transfer as approved by the Planing Board shall be submitted to the Board. 3. plan entitled"Proposed Wooden Pier, Ramp & Float, Located in Mashpee— Mass., Prepared for John C. & Sandra S. Hessler, Plan No. 090899, Date: Sept. 8, 1999, Cape & Islands Engineering".