02/25/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Edward I Moran - SP-98-13 2. Findines A. General: 1. the subject property is located at 126 Waterway and consists of 15,630 square feet fronting on Popponesset Creek. 2. the immediate neighborhood consists of single family homes many of which have docks on Popponesset Creek. 3. the proposed dock will be 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. B. 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 of land or cause or contribute to the substantial disruption or degradation on the marine or coastal environment. C. Specific Findings 1. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 2. the proposal has been submitted to 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. 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 25, 1998 to grant the Special Permit. The permit is subject to compliance with plans of B.S.C. Group dated December 21, 1997 and provides for the repair and maintenance of the structure in perpetuity.