11/17/1999 ZONING BOARD OF APPEALS Decisions

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1+J Mashpee Zoning Robert Sutherland& 2 Board of Appeals Dena M. Rymsha SP-99-79 I Mr. Regan said that the Zoning Board of Appeals has limited knowledge on those particular subjects and suggested that the abutters seek clarification from the Conservation Commission and the Harbormaster. Mr. Regan also said that the Conservation Commission prefers a walk-over structure rather than allowing people to walk through a marsh and ruin it. Walk-over structures are also designed to allow light to penetrate through to the environment underneath and protect the marsh. No other comments were received from abutters. GENERAL FINDINGS 1. the subject property is located at 42 Devon Street and consists of 49,610 square feet. 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 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 proposal has been approved by the Harbormaster 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. 6. that the Board has granted a Variance to exceed the 70-foot pier limit. 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 17, 1999 to grant a Special Permit to allow for construction of the pier, ramp and float. The Special Permit is conditioned upon compliance with the following: 1. Cape& Islands Engineering plan entitled: "Proposed Stairway, Pier, Ramp & Float, Located in Mashpee—Mass., Prepared for Robert Sutherland, Date: Aug. 18, 1999, Revised: 9/9/99, Plan No. 081899". 2. that the construction shall be limited to a dinghy dock and that it shall be recorded as such.