07/22/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Philip & Christine Madsen - SP-98-97 2. General Finding I. the subject property is located at 60 Amy Brown Road and contains approximately 68,961 square feet fronting on Abigail's Brook. 2. the proposed walkway dock will be accessory to a dwelling and is a permissible use within the R-3 zoning district upon grant of a Special Permit from the Board of Appeals. 3. the length of the proposed walkway dock does not comply with the provisions of the Bylaws but has received a Variance from the Board of Appeals. Special Permit Criteria Section 174-25.1.9 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 I. the propoW is pending approval by the Harbormaster and the Shellfish Constable whose responsibilities include safety on the water and protection of the marine environment. 2. the proposal is pending review and approval by the Conservation Commission to address impacts on the coastal 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 duty made and seconded, the Board of Appeals voted unanimously on July 22, 1998 to grant the Special Permit. The permit is conditioned upon submission of revised plans. If those plans. are not approved by the Conservation Commission and other appropriate agencies, the applicant must reapply for a modification. The Permit provides for the repair and maintenance of the structure in perpetuity.