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Board of Appeals John J. and Catharine J. Brennan - SP-98-18 2. <br /> Findines <br /> A. General: <br /> 1. the subject property is located at 38 Fiddler Crab Lane and consists of <br /> 19,100 square feet fronting on Ockway Bay. <br /> 2. the immediate neighborhood consists of single family homes many of <br /> which have docks on Ockway Bay. <br /> 3. the proposed dock will be accessory to an existing dwelling and is a <br /> permissible use within the R-3 zoning district upon grant of a Special <br /> Permit from the Board of Appeals. <br /> 4. the length of the proposed pier, ramp and float does not comply with <br /> the provisions of the By-laws and requires a Variance from the Board <br /> of Appeals. <br /> B. Special Permit Criteria: <br /> Section 174-25.L9 states that the Board must find that the structure <br /> will not unduly interfere with the free passage of travel by water of land or <br /> cause or contribute to the substantial disruption or degradation on the <br /> marine or coastal environment. <br /> C. Specific Findings <br /> 1. the proposal has been reviewed by the Conservation Commission to <br /> address impacts on the coastal environment. <br /> 2. the proposal has been submitted to the Harbormaster and the Shellfish <br /> Constable whose responsibilities include safety on the water and <br /> protection of the marine environment. <br /> 3. the use is in harmony with the general purpose and intent of the By- <br /> laws. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the applicant <br /> met the criteria necessary for the granting of a Special Permit. Upon motion duly made <br /> and seconded the Board of Appeals voted unanimously on February 25, 1998 to grant the <br /> Special Permit. The permit is subject to compliance with plans of B.S.C. Group dated <br /> January 15, 1998 and provides for the repair and maintenance of the structure in <br /> perpetuity. <br />